WANG (Migration)

The applicant, Wang, sought judicial review of a decision by the Administrative Appeals Tribunal (the Tribunal) to dismiss their application for review of a decision concerning a Student (Temporary) (Class TU) visa, subclass 500. The Tribunal's decision to dismiss Wang's application was made due to Wang's failure to attend a scheduled hearing.

The central legal issue before the court was whether the Tribunal had correctly applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations in dismissing Wang's application for review without considering its merits, and consequently, whether the Tribunal's decision to affirm the original visa refusal was lawful.

The Tribunal's decision was based on Wang'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, in accordance with the applicable legislative framework, the failure to seek reinstatement meant that the application for review was automatically dismissed, and the original decision was therefore affirmed. The Member confirmed the decision to dismiss the application.