Wilmott-Stanton (Migration)

The Administrative Appeals Tribunal considered an application for review concerning a Temporary Skill Shortage (Class GK) visa, Subclass 482. The applicant did not appear at the hearing, leading to the dismissal of their application. Subsequently, no application for reinstatement was filed within the prescribed timeframe.

The primary legal issue before the Tribunal was whether to confirm the dismissal of the application, given the applicant's failure to appear and their subsequent inaction. The Tribunal was required to determine the consequence of the applicant not seeking to reinstate their dismissed application.

The Tribunal's reasoning was based on the procedural rules governing applications for review. As the applicant failed to apply for reinstatement within the 14-day period following the dismissal, the Tribunal was mandated to confirm the decision to dismiss the application. This procedural default meant that the original decision under review was taken to be affirmed.

Consequently, the Tribunal confirmed the decision to dismiss the application.