Srila (Migration)

The Administrative Appeals Tribunal (AAT) considered a matter concerning the review of a decision to dismiss an application for a Student (Temporary) (Class TU) visa, subclass 672 (Vocational Education and Training Sector). The review applicants were the subject of this dismissal.

The primary legal issue before the Tribunal was whether the review applicants had complied with the procedural requirements for the reinstatement of their visa application following a failure to appear. Specifically, the Tribunal had to determine if an application for reinstatement had been made within the prescribed timeframe.

The Tribunal's reasoning was based on the express provisions of the migration regulations. It found that the review applicants had not lodged an application for reinstatement of their visa application within the 14-day period stipulated by the regulations. Consequently, the Tribunal was bound to confirm the original decision to dismiss the application.

As a result of this failure to meet the reinstatement requirements, the Tribunal confirmed the decision to dismiss the visa application, meaning the decisions under review were taken to be affirmed.