SALVADO KOWALCZUK (Migration)

The Administrative Appeals Tribunal considered an application for review concerning a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The review applicants failed to appear at the hearing of their application.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application for review, given the applicants' non-appearance and their subsequent failure to seek reinstatement within the prescribed timeframe.

The Tribunal's reasoning was that under the relevant procedural rules, if an applicant fails to appear at a hearing and does not apply for reinstatement within 14 days of the dismissal, the Tribunal must confirm the decision to dismiss the application. Consequently, the decisions under review were taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.