PHAM (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision concerning a Partner (Provisional) (Class UF) visa. The applicant failed to attend a scheduled hearing before the Tribunal, which led to the dismissal of their application. The Tribunal subsequently sent a dismissal decision in accordance with section 362C(5) of the *Migration Act 1958* (Cth).

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the visa application, given that the applicant had not sought reinstatement within the prescribed timeframe. The Tribunal was tasked with determining the consequences of the applicant's failure to apply for reinstatement within the 14-day period stipulated by the relevant legislation.

The Tribunal reasoned that as no request for reinstatement was received within the specified 14-day period, it was mandated by law to confirm the decision to dismiss the application. Consequently, the decisions under review were taken to be affirmed. The Tribunal therefore confirmed its earlier decision to dismiss the application.