Sharnav (Migration)

The Administrative Appeals Tribunal (AAT) considered a matter concerning a Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector. The applicant sought review of a decision, but failed to attend a scheduled hearing.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application due to the applicant's non-attendance at the hearing, and consequently, whether the decision under review should be taken to be affirmed.

The Tribunal's reasoning was based on the applicant's failure to apply for reinstatement of their application within the prescribed 14-day period following the non-attendance at the hearing. As this procedural requirement was not met, the Tribunal was mandated to confirm the decision to dismiss the application. The Tribunal applied the principle that failure to comply with the procedural rules for reinstatement leads to the affirmation of the original decision.

The Tribunal confirmed the decision to dismiss the application.