WANG (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Mr WANG concerning a Subclass 600 Visitor visa. Mr Wang failed to attend a hearing before the Tribunal, which led to the dismissal of his application. The central issue was whether the Tribunal was obliged to confirm the dismissal given Mr Wang's non-attendance and subsequent failure to seek reinstatement.

The Tribunal was required to determine the legal consequences of the applicant's failure to appear at the scheduled hearing and the subsequent expiry of the period within which an application for reinstatement could be made. Specifically, the Tribunal had to consider the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations governing the dismissal of applications and the process for seeking their reinstatement.

The Tribunal reasoned that under the applicable legislative framework, where an applicant fails to attend a hearing and does not apply for reinstatement of the application within the prescribed 14-day period, the Tribunal is mandated to confirm the decision to dismiss the application. Consequently, the decision under review is taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.