XU (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision to refuse a Student (Temporary) (Class TU) visa, subclass 500. The applicant failed to attend a hearing before the Tribunal, which led to the dismissal of their application.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application, given the applicant's failure to attend the hearing and their subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal reasoned that under its procedural rules, if an applicant fails to attend a hearing and does not apply for reinstatement within 14 days of the dismissal, the Tribunal must confirm the decision to dismiss the application. As the review applicant did not make such an application within the stipulated period, the Tribunal was bound to confirm the dismissal. Consequently, the decision under review was taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application.