WONG (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Mr. Wong concerning a decision to dismiss his application for a Student (Temporary) (Class TU) visa, subclass 500. The core of the dispute revolved around Mr. Wong's failure to attend a scheduled hearing before the Tribunal.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of Mr. Wong's application, given his failure to attend the hearing and his 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 applied the relevant provisions of the *Migration Act 1958* (Cth) and the *Administrative Appeals Tribunal Act 1975* (Cth), which stipulate that if an applicant fails to attend a hearing without a valid reason and does not apply for reinstatement within 14 days, the Tribunal must confirm the decision to dismiss the application. As Mr. Wong did not make such an application, the Tribunal was bound to confirm the dismissal. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.