Smoqi (Migration)

The Administrative Appeals Tribunal considered an application by Smoqi (the review applicant) concerning a Student (Temporary) (Class TU) visa, subclass 500. The applicant sought review of a decision to dismiss their application.

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 apply for reinstatement within the prescribed 14-day period. This failure meant the decision under review was taken to be affirmed.

The Tribunal applied the relevant migration regulations which mandate confirmation of a dismissal decision if a reinstatement application is not lodged within the specified timeframe. As the applicant did not meet this procedural requirement, the Tribunal had no discretion but to confirm the dismissal. Consequently, the decision under review was affirmed.