Rajbhandari (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision concerning a Student (Temporary) (Class TU) visa, subclass 500. The review applicants failed to appear at a scheduled hearing for their application. Consequently, the Tribunal dismissed their application.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application, given the applicants' non-attendance and subsequent failure to seek reinstatement. The Tribunal was also required to determine the consequence of such a dismissal in relation to the decisions under review.

The Tribunal's reasoning was based on the procedural rules governing applications for review. As the review applicants 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. This procedural failure meant that the decisions under review were taken to be affirmed. The Tribunal therefore confirmed the decision to dismiss the application.