Sun (Migration)

The Administrative Appeals Tribunal considered a dispute concerning the cancellation of a Student (Temporary) (Class TU) visa, subclass 500 (Student). The review applicant had failed to appear before the Tribunal, leading to the dismissal of their application for review.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application for review, given the applicant's non-appearance and subsequent failure to seek reinstatement within the prescribed timeframe. The Tribunal was also required to determine the consequence of this failure on the decision under review.

The Tribunal's reasoning was based on the procedural rules governing applications for review. It noted that the applicant had not applied for reinstatement of their application within the 14-day period stipulated by the relevant regulations. Consequently, the Tribunal was mandated to confirm the decision to dismiss the application. This confirmation meant that the original decision under review was taken to be affirmed. The Tribunal therefore confirmed its decision to dismiss the application.