Prajapati (Migration)

The Administrative Appeals Tribunal considered an application by the review applicants concerning a Student (Temporary) (Class TU) visa, Subclass 500. The applicants failed to appear at the hearing of their application, which led to its dismissal. No application for reinstatement of the dismissed application was subsequently filed.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application, given the applicants' failure to appear and their subsequent failure to seek reinstatement within the prescribed timeframe. The Tribunal was also required to determine the consequence of this failure on the decisions under review.

The Tribunal's reasoning was based on the procedural requirements for applications before it. As the review applicants did not make an application for reinstatement within the 14-day period stipulated by the relevant rules, the Tribunal was bound to confirm the initial decision to dismiss their application. Consequently, the decisions under review were taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.