Singh (Migration)

The applicant, Mr. Singh, sought judicial review of a decision by the Migration Review Tribunal (MRT) to affirm the refusal of his Medical Treatment (Visitor) (Class UB) visa, Subclass 602. The MRT's decision was made following Mr. Singh's failure to attend a scheduled hearing before the Tribunal.

The primary legal issue before the Court was whether the MRT had erred in affirming the decision to dismiss Mr. Singh'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 timeframe.

The Tribunal, applying the relevant migration regulations, was obliged to confirm the dismissal of the application for review when the applicant did not seek reinstatement within the 14-day period stipulated by the legislation. As there was no application for reinstatement, the Tribunal correctly concluded that the decision under review was affirmed. The Senior Member confirmed the decision to dismiss the application.