Perwaiz (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Mr Perwaiz, who sought review of a decision to refuse him a Visitor (Class FA) visa, Subclass 600. The primary dispute concerned the dismissal of Mr Perwaiz's application by the Migration Review Tribunal (MRT) due to his failure to attend a scheduled hearing.

The central legal issue before the AAT was whether the MRT had correctly applied section 362C(5) of the *Migration Act 1958* (Cth) in dismissing Mr Perwaiz's application and subsequently affirming the original decision. This involved determining whether the dismissal was a valid consequence of the applicant's non-attendance and whether the subsequent affirmation of the decision was procedurally sound.

The Tribunal reasoned that as Mr Perwaiz did not apply for reinstatement of his application within the prescribed 14-day period following the dismissal, the MRT was mandated by section 362C(5) to confirm the dismissal. Consequently, the decisions under review were deemed to be affirmed. The Tribunal therefore confirmed the decision to dismiss the application.