Rajendran (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Mr Rajendran concerning the cancellation of his Skilled Independent (Permanent) (Class SI) visa, Subclass 189. The primary dispute revolved around the dismissal of Mr Rajendran's application to the Tribunal, which had been made due to his non-appearance.

The central legal issue before the Tribunal was whether it was required to confirm the decision to dismiss Mr Rajendran's application, given that he had not sought reinstatement within the prescribed 14-day period. The Tribunal was therefore tasked with determining the consequence of this failure to apply for reinstatement.

The Tribunal's reasoning was that the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth) mandate that where an applicant fails to apply for reinstatement of a dismissed application within the specified timeframe, the Tribunal must confirm the decision to dismiss. Consequently, the decision under review, which was the dismissal of Mr Rajendran's application, was taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.