QIAN (Migration)

The Administrative Appeals Tribunal considered an application for review concerning a Student (Temporary) (Class TU) visa, Subclass 573. The applicant failed to appear at a scheduled hearing to present evidence and arguments. Subsequently, the applicant did not lodge an application for reinstatement of their review application within the prescribed 14-day period.

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

The Tribunal reasoned that the legislative framework governing such applications mandates that if a party fails to apply for reinstatement within 14 days of the dismissal, the Tribunal must confirm the decision to dismiss the application. In this instance, as no such application for reinstatement was made, the Tribunal was bound by this provision. Consequently, the decision under review was taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application for review.