Senabut (Migration)

The Administrative Appeals Tribunal considered an application for review concerning a Partner (Residence) (Class BS) visa, Subclass 801 (Spouse). 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 apply for reinstatement within the prescribed timeframe.

The Tribunal reasoned that under its procedural rules, where an applicant fails to appear at a hearing and does not seek reinstatement within 14 days, the Tribunal must confirm the dismissal of the application. Consequently, the decisions under review are taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.