So (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant who failed to attend a hearing for a Training (Class GF) Subclass 407 visa. The applicant's application was dismissed by the Tribunal.

The primary legal issue before the Tribunal was whether the dismissal decision should be confirmed, given the applicant's failure to attend the hearing and the subsequent lack of an application for reinstatement.

The Tribunal's reasoning was based on section 362C(5) of the relevant migration legislation. This section mandates that if an applicant fails to attend a hearing and does not apply for reinstatement within the prescribed 14-day period, the Tribunal must confirm the decision to dismiss the application. As no such application for reinstatement was made by the applicant, the Tribunal was obliged to confirm the dismissal. Consequently, the decisions under review were taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.