Phuangmalee (Migration)

The Administrative Appeals Tribunal (AAT) considered a migration matter involving an applicant seeking review of a decision concerning a Student (Temporary) (Class TU) visa, Subclass 572 (Vocational Education and Training Sector). The applicant failed to appear at a scheduled hearing before the Tribunal.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the applicant's application for review, given the applicant's failure to attend the hearing and the subsequent failure to apply for reinstatement of the application within the prescribed timeframe.

The Tribunal's reasoning was based on the specific provisions of the *Migration Act 1958* (Cth) and associated regulations concerning the dismissal of applications for failure to attend a hearing and the process for seeking reinstatement. As the applicant did not make an application for reinstatement within the 14-day period stipulated by the relevant rules, the Tribunal was bound to confirm the decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.