Phu (Migration)

The Administrative Appeals Tribunal considered a decision concerning a Student (Temporary) (Class TU) visa, subclass 500. The applicant had failed to attend a hearing before the Tribunal, leading to the dismissal of their application.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal decision, given the applicant's failure to attend the hearing and the subsequent failure to apply for reinstatement within the prescribed 14-day period.

The Tribunal reasoned that as the applicant did not seek to have their application reinstated within the stipulated timeframe following the dismissal, the Tribunal was bound to confirm its earlier decision. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.