POUDYAL (Migration)

The Administrative Appeals Tribunal considered an application concerning a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The applicant did not appear at the hearing of their matter.

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

The Tribunal's reasoning was based on the applicant's non-compliance with procedural requirements. As the applicant did not seek to have their application reinstated within the 14-day period stipulated by the relevant rules, the Tribunal was obliged to confirm its earlier decision to dismiss the application. This confirmation meant that the decision under review was taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application.