SINGH (Migration)

The Administrative Appeals Tribunal considered an application for review of a decision concerning a Student (Temporary) (Class TU) visa, Subclass 570 Independent ELICOS Sector. The applicant failed to attend a hearing before the Tribunal, leading to the dismissal of their application for review.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application for review, given the applicant's failure to attend the hearing and their subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal applied the relevant procedural rules which stipulate that where an applicant fails to attend a hearing and does not seek reinstatement within 14 days, the Tribunal must confirm the decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.