Tshering (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Ms. Tshering, who sought review of a decision concerning her Student (Temporary) (Class TU) Subclass 572 visa. Ms. Tshering did not appear at the scheduled hearing before the Tribunal, nor did she apply for reinstatement of her application within the prescribed timeframe.

The primary legal issue before the Tribunal was whether it was required to confirm the decision to dismiss Ms. Tshering's application, given her failure to appear and her subsequent failure to seek reinstatement. This required the Tribunal to consider the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations concerning the dismissal of applications for review and the process for seeking reinstatement.

The Tribunal, applying the relevant legislative framework, determined that because Ms. Tshering did not make an application for reinstatement within the 14-day period stipulated by the law, the Tribunal had no discretion but to confirm the decision to dismiss her application. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.