Reiljan (Migration)

The Administrative Appeals Tribunal considered an application for review concerning a Student (Temporary) (Class TU) visa, subclass 500. The applicants, identified as Reiljan, had their application dismissed by the Tribunal due to non-appearance. The matter before the Tribunal was to determine whether the decision to dismiss the application should be affirmed.

The central legal issue was whether the Tribunal was obliged to confirm the dismissal of the application, given the applicants' failure to appear and their subsequent failure to apply for reinstatement within the prescribed timeframe. The Tribunal was required to ascertain the legal consequences of this non-compliance with the Tribunal's procedural rules.

The Tribunal's reasoning was based on the specific provisions governing the reinstatement of applications. It was noted that the review applicants did not make an application for reinstatement within the 14-day period stipulated by the relevant rules. Consequently, the Tribunal was bound by these rules to confirm the decision to dismiss the application. In accordance with these circumstances, the decisions under review were legally taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.