Shahjeb (Migration)

The applicant, Shahjeb, sought judicial review of a decision by the Migration Review Tribunal (MRT) to affirm the cancellation of his Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector. The MRT's decision was based on Shahjeb's failure to attend a scheduled hearing before the Tribunal.

The central legal issue before the Tribunal was whether it was required to confirm its decision to dismiss Shahjeb's application for review, given his failure to attend the hearing and his subsequent failure to apply for reinstatement of that application within the prescribed 14-day period.

The Tribunal reasoned that under the relevant migration legislation, if an applicant fails to attend a hearing and does not apply for reinstatement within the specified timeframe, the Tribunal must confirm its decision to dismiss the application. Consequently, the decision under review, which was the cancellation of the visa, was taken to be affirmed. The Tribunal therefore confirmed its earlier decision to dismiss the application for review.