Willde (Migration)

The applicant, Willde, sought judicial review of a decision by the Migration Review Tribunal (MRT) to confirm the dismissal of their application for a Medical Treatment (Visitor) (Class UB) visa, subclass 602. The dismissal had occurred due to the applicant's failure to attend a scheduled hearing before the Tribunal.

The central legal issue before the Tribunal was whether it was compelled to confirm the dismissal of the visa application, given the applicant's non-attendance at the hearing and the subsequent failure to apply for reinstatement within the prescribed 14-day period.

The Tribunal reasoned that Australian migration law, specifically the provisions governing the review of visa applications, mandates the confirmation of a dismissal decision when an applicant fails to attend a hearing and does not seek reinstatement within the statutory timeframe. As the applicant did not make a timely application for reinstatement, the Tribunal was bound by these provisions and had no discretion to do otherwise. Consequently, the decision under review, which was the dismissal of the visa application, was taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.