Wang (Migration)

The applicant, Wang, sought judicial review of a decision made by the Migration Review Tribunal (MRT). The MRT had confirmed a decision to dismiss Wang's application for a Visitor (Class FA) visa (Subclass 600). The core of the dispute concerned Wang's failure to appear before the MRT and the subsequent dismissal of the application.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of Wang's visa application, given that Wang had not applied for reinstatement within the prescribed 14-day period following notification of the dismissal decision. This also raised the question of whether the decision under review was therefore taken to be affirmed.

The Tribunal's reasoning was straightforward. Under the relevant migration legislation, if an applicant fails to apply for reinstatement of a dismissed application within 14 days of being notified of the dismissal, the Tribunal must confirm the decision to dismiss. Consequently, the decision under review is deemed to be affirmed. The Tribunal applied this statutory requirement directly to Wang's circumstances.

The Tribunal confirmed the decision to dismiss the application.