Sidhu (Migration)

The Administrative Appeals Tribunal (AAT) considered a decision concerning the cancellation of a Student (Temporary) (Class TU) visa, subclass 500. The applicant sought review of a decision to dismiss their application, which had been made following a failure to attend a Tribunal hearing.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application, given that the review applicant had not sought reinstatement within the prescribed 14-day period. The Tribunal was therefore required to determine the consequence of this failure to apply for reinstatement.

The Tribunal reasoned that, in accordance with its procedural rules, the failure to apply for reinstatement within the specified timeframe mandated the confirmation of 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.