Tan (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by a student visa applicant, referred to as Tan, whose application had been dismissed. The core of the dispute concerned the applicant's failure to attend a scheduled hearing before the Tribunal.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal decision, given the applicant's failure to attend the hearing and the subsequent failure to apply for reinstatement of the application within the prescribed 14-day period.

The Tribunal reasoned that under the relevant migration regulations, if an applicant fails to attend a hearing and does not apply for reinstatement within the stipulated timeframe, the Tribunal must confirm the decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.