Singh (Migration)

The Administrative Appeals Tribunal (AAT) considered a migration matter involving a review applicant whose application was dismissed. The applicant, who held a Student (Temporary) (Class TU) visa (subclass 500), did not attend a hearing before the Tribunal and did not seek reinstatement of their application within the prescribed timeframe.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application, given the applicant's failure to attend the hearing and their subsequent failure to apply for reinstatement. This also involved determining the consequence of such a failure on the decision under review.

The Tribunal's reasoning was based on the procedural rules governing applications before it. As the review applicant did not make an application for reinstatement within the 14-day period stipulated by the relevant regulations, the Tribunal was bound to confirm the decision to dismiss the application. Consequently, the decision under review was deemed to be affirmed. The Tribunal confirmed the decision to dismiss the application.