SUDYATMIKA (Migration)

The applicant, Sudyatmiika, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) to affirm the refusal of her Student (Temporary) (Class TU) visa (subclass 500). The AAT had dismissed her application for review because she failed to attend a scheduled hearing.

The central legal issue before the Federal Circuit and Family Court of Australia was whether the AAT had erred in law by affirming the dismissal of the applicant's review application, thereby affirming the original visa refusal. Specifically, the court considered whether the Tribunal had correctly applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations concerning the dismissal of applications for failure to attend a hearing and the subsequent process for seeking reinstatement.

The court noted that the applicant had not applied for reinstatement of her application within the prescribed 14-day period following the dismissal. Under the relevant legislative framework, this failure meant that the Tribunal was obliged to confirm the decision to dismiss the application. Consequently, the original decision to refuse the visa was taken to be affirmed by the Tribunal.

The Tribunal confirmed its decision to dismiss the application.