YADAV (Migration)

The Administrative Appeals Tribunal considered an application for review by a student visa applicant whose application had been dismissed. The applicant failed to attend a scheduled hearing before the Tribunal.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal decision, given the applicant's failure to attend the hearing and their subsequent failure to apply for reinstatement of the application within the prescribed 14-day period.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations, which stipulate that if an applicant fails to attend a hearing and does not apply for reinstatement within the specified timeframe, the Tribunal must confirm the decision to dismiss the application. The Tribunal found that as the review applicant did not apply for reinstatement within the 14-day period, it was mandated to confirm the dismissal. Consequently, the decision under review was taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application.