Vianna Soares (Migration)

The Administrative Appeals Tribunal considered an application by Vianna Soares for a Partner (Residence) (Class BS) visa, Subclass 801 (Spouse). The applicant sought review of a decision to dismiss her application.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application, given the applicant's failure to attend a scheduled hearing. The Tribunal was also required to determine the consequence of the applicant not applying for reinstatement of her application within the prescribed timeframe.

The Tribunal reasoned that under the relevant migration regulations, if an applicant fails to attend a hearing and does not apply for reinstatement within 14 days, the Tribunal must confirm the decision to dismiss the application. As Ms. Soares did not make such an application, the Tribunal was bound to affirm the decision under review. The Tribunal confirmed the decision to dismiss the application.