POUDEL (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision concerning a Student (Temporary) (Class TU) Subclass 500 visa. The applicant failed to attend a hearing before the Tribunal, which led to the dismissal of their application. The Tribunal was required to determine whether the dismissal decision was made in accordance with the relevant provisions of the *Migration Act 1958* (Cth).

The central legal issue was whether the Tribunal had correctly applied section 362C(5) of the *Migration Act 1958* (Cth) in dismissing the applicant's case due to their failure to attend the hearing. This involved considering the consequences of non-attendance and the subsequent procedural steps required by the Act.

The Tribunal reasoned that as the applicant did not apply for reinstatement of their application within the prescribed 14-day period following the dismissal, the Tribunal was mandated to confirm the decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Tribunal therefore confirmed its earlier decision to dismiss the application.