Xie (Migration)

The applicant, Ms. Xie, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) to dismiss her application for a review of a decision to refuse her Skilled (Provisional) (Class VC) visa, subclass 485 (Temporary Graduate) visa. The AAT's decision to dismiss Ms. Xie's application was based on her failure to attend a scheduled hearing before the Tribunal.

The primary legal issue before the court was whether the AAT had erred in law by confirming the dismissal of Ms. Xie's application for review, given her failure to attend the hearing and her subsequent failure to apply for reinstatement of that application within the prescribed 14-day period.

The Tribunal Member, Wan Shum, reasoned that under the relevant provisions of the *Migration Act 1958* (Cth) and the *Administrative Appeals Tribunal Act 1975* (Cth), if an applicant fails to attend a hearing and does not apply for reinstatement within the stipulated timeframe, the Tribunal is obliged to confirm the decision to dismiss the application. In such circumstances, the decision under review is deemed to be affirmed. The Tribunal confirmed its decision to dismiss the application.