Siriphaiboon (Migration)

The applicant, Siriphaiboon, sought judicial review of a decision by the Migration Review Tribunal (MRT) to dismiss their application for review of a decision to refuse a Student (Temporary) (Class TU) visa, subclass 500. The MRT had dismissed the application for review because the applicant failed to attend a scheduled hearing and did not apply for reinstatement within the prescribed 14-day period.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the applicant's review application, thereby affirming the original decision to refuse the visa, given the applicant's failure to attend the hearing and their subsequent failure to seek reinstatement within the stipulated timeframe.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations, which mandate that if an applicant fails to attend a hearing and does not apply for reinstatement within 14 days, the Tribunal must confirm the decision to dismiss the application. As the applicant did not meet this requirement, the Tribunal was bound to confirm the dismissal. Consequently, the original decision to refuse the visa was taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application for review.