WANG (Migration)

The Administrative Appeals Tribunal considered an application by a review applicant concerning the cancellation of their Student (Temporary) (Class TU) visa, Subclass 500. The applicant had failed to attend a hearing before the Tribunal, which led to the dismissal of their application for review.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application for review, given the applicant's failure to attend the scheduled hearing and their subsequent failure to apply for reinstatement within the prescribed timeframe. The Tribunal was also required to determine the consequence of this failure on the decision under review.

The Tribunal reasoned that the applicant's failure to apply for reinstatement of their application within the 14-day period mandated by the relevant regulations meant that the Tribunal had no discretion but to confirm the decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.