Seng (Migration)

The Administrative Appeals Tribunal (AAT) considered a matter concerning a Student (Temporary) (Class TU) Subclass 500 visa. The review applicant had failed to attend a hearing, and subsequently, no application for reinstatement of their application was made within the prescribed timeframe.

The primary legal issue before the Tribunal was whether it was required to confirm the decision to dismiss the application, given the applicant's failure to seek reinstatement within the 14-day period stipulated by the relevant migration regulations.

The Tribunal's reasoning was based on the clear legislative requirement that an application for reinstatement must be made within 14 days of the dismissal. As this condition was not met by the review applicant, the Tribunal was bound to confirm the decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.