Phontavee (Migration)

The Administrative Appeals Tribunal considered an application by Phontavee concerning a Student (Temporary) (Class TU) visa, subclass 500. The applicant's application had been dismissed by the Tribunal, and this decision was the subject of the review.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the applicant's visa application, given that the applicant had not sought reinstatement within the prescribed timeframe.

The Tribunal reasoned that under the relevant migration regulations, if an applicant fails to apply for reinstatement of their application within 14 days of the dismissal, the Tribunal must confirm the decision to dismiss. As this condition was not met by the applicant, the Tribunal was bound to affirm the dismissal. Consequently, the decision under review was taken to be affirmed.