Sandhu (Migration)

The applicant, Mr. Sandhu, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the cancellation of his Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The AAT's decision to affirm the cancellation stemmed from Mr. Sandhu's failure to appear before the Tribunal for his scheduled hearing.

The central legal issue before the Tribunal was whether it was required to confirm the dismissal of Mr. Sandhu's application for review, given his non-appearance. This, in turn, determined whether the original decision to cancel his visa would be affirmed.

The Tribunal's reasoning was based on the specific provisions governing the reinstatement of applications. It noted that Mr. Sandhu had not applied for reinstatement of his application within the prescribed 14-day period following his non-appearance. Consequently, under the relevant migration legislation, the Tribunal was mandated to confirm the dismissal of the application. This confirmation of dismissal meant that the original decision to cancel the visa was taken to be affirmed.

The Tribunal confirmed its decision to dismiss the application.