Sharma (Migration)

The Administrative Appeals Tribunal considered an application for review by a student visa applicant, Ms. Sharma, who failed to attend a scheduled hearing. The applicant subsequently sent an email to the Tribunal.

The primary legal issue before the Tribunal was whether the applicant's email constituted a valid request for the reinstatement of her application, and if not, whether the Tribunal was obliged to affirm its previous decision to dismiss the application due to non-attendance.

The Tribunal determined that the email did not contain a clear request for reinstatement. As the applicant had not formally applied for reinstatement within the prescribed 14-day period following the dismissal, the Tribunal was bound by the Migration Act 1958 (Cth) to confirm its decision to dismiss the application. Consequently, the decision under review was affirmed.