Tian (Migration)

The applicant, Tian, sought judicial review of a decision by the Migration Review Tribunal (MRT) to affirm the refusal of a Visitor (Class FA) visa, Subclass 600. The MRT had confirmed the decision to dismiss Tian's application for review because Tian failed to attend a scheduled hearing.

The primary legal issue before the court was whether the MRT had erred in law by confirming the dismissal of Tian's application for review, thereby affirming the original visa refusal. This involved determining whether the MRT correctly applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations concerning the failure to attend a hearing and the subsequent confirmation of a dismissal decision.

The court affirmed the MRT's decision, finding that the Tribunal was bound to confirm the dismissal of the application for review as the applicant had not applied for reinstatement within the prescribed 14-day period. Consequently, the decision under review was taken to be affirmed by operation of law.