Singh (Migration)

The applicant, Mr. Singh, sought judicial review of a decision by the Migration Review Tribunal (MRT) to affirm the refusal of his Student (Temporary) (Class TU) visa, subclass 500. The MRT had dismissed Mr. Singh's application for review because he failed to attend the scheduled hearing.

The primary legal issue before the Tribunal was whether it was required to affirm the decision to dismiss Mr. Singh's application for review, given his failure to apply for reinstatement within the prescribed 14-day period following the dismissal.

The Tribunal reasoned that under the relevant migration legislation, specifically section 362C(5) of the *Migration Act 1958* (Cth), if an applicant fails to apply for reinstatement of a dismissed application within 14 days, the Tribunal must confirm the decision to dismiss. As Mr. Singh did not make such an application within the stipulated timeframe, the Tribunal was bound to affirm its earlier decision to dismiss his application for review.

Consequently, the Tribunal confirmed the decision to dismiss the application.