Paudel (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Mr. Paudel concerning a Student (Temporary) (Class TU) Subclass 500 visa. The core of the dispute was the dismissal of Mr. Paudel's application by the Department of Home Affairs, which was subsequently affirmed by the AAT due to his failure to attend a scheduled hearing.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of Mr. Paudel's application, given that he had not applied for reinstatement within the prescribed timeframe following his failure to attend the hearing. This also involved determining the consequence of such a failure under the relevant migration legislation.

The Tribunal's reasoning was grounded in section 362C(5) of the *Migration Act 1958* (Cth), which mandates that if an applicant fails to attend a hearing and does not apply for reinstatement within 14 days, the Tribunal must confirm the decision to dismiss the application. As Mr. Paudel did not make such an application, the Tribunal was bound by this legislative provision. Consequently, the decision under review was taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application.