Xue (Migration)

The Administrative Appeals Tribunal considered an application by Xue concerning a Student (Temporary) (Class TU) visa, subclass 500. The applicant sought review of a decision to dismiss their application for the visa.

The primary legal issue before the Tribunal was whether it was required to affirm the decision to dismiss the application, given the applicant's failure to attend a scheduled hearing and their subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal reasoned that under the relevant migration legislation, if an applicant fails to attend a hearing and does not apply for reinstatement of their application within 14 days of the dismissal, the Tribunal must confirm the decision to dismiss the application. As these conditions were met, the Tribunal was bound to affirm the decision under review.

The Tribunal confirmed the decision to dismiss the application.