Riwhi (Migration)

The Administrative Appeals Tribunal considered the case of Riwhi, concerning the cancellation of a Subclass 444 Special Category (Temporary) visa. The applicant failed to appear before the Tribunal, and a notice of the dismissal decision was subsequently sent.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the applicant's application, given the applicant's failure to attend and the subsequent notification of the dismissal. This also involved determining the effect of the applicant not applying for reinstatement within the prescribed timeframe.

The Tribunal reasoned that under the relevant migration legislation, if an applicant fails to appear before the Tribunal without providing a satisfactory explanation, the Tribunal must dismiss the application. Furthermore, if the applicant does not apply for reinstatement of the dismissed application within 14 days, the Tribunal is obliged to confirm the decision to dismiss. In this instance, as the review applicant did not apply for reinstatement within the 14-day period, the Tribunal was mandated to confirm the decision to dismiss the application, which was then taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application.