XU (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of XU, a review applicant concerning a Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector. The central issue was the applicant's non-attendance at a scheduled hearing before the Tribunal.

The Tribunal was required to determine whether it had the power to reinstate the applicant's dismissed application, given that the applicant failed to apply for reinstatement within the prescribed 14-day period following the dismissal.

The Tribunal reasoned that the applicant's failure to seek reinstatement within the statutory timeframe meant that the decision to dismiss the application could not be revisited. Consequently, the Tribunal was bound to confirm the decision to dismiss the application, which was then taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.