Xue (Migration)

The Administrative Appeals Tribunal, constituted by Member Margaret Forrest, considered an application for review concerning a Student (Temporary) (Class TU) visa, Subclass 500. The applicant failed to appear at the hearing of their review application.

The primary legal issue before the Tribunal was whether to confirm the dismissal of the review application, given the applicant's non-appearance and subsequent failure to seek reinstatement within the prescribed timeframe.

Member Forrest reasoned that the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth) require an applicant to apply for reinstatement within 14 days of the dismissal of their application if they wish to have it reconsidered after failing to appear at a hearing. As no such application for reinstatement was made by the review applicant, 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.