Tsao (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Mr Tsao concerning a decision to dismiss his application for a Student (Temporary)(Class TU) visa, Subclass 500. Mr Tsao had failed to appear before the Tribunal, and subsequently, the Tribunal notified him of its decision to dismiss his application.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of Mr Tsao's application, given that he had not applied for reinstatement within the prescribed 14-day period following notification of the dismissal decision.

The Tribunal applied the relevant provisions of the Migration Act 1958 (Cth) and associated regulations, which stipulate that if an applicant fails to apply for reinstatement within the specified timeframe after a dismissal decision, the Tribunal must confirm that decision. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.