Yang (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by a review applicant concerning a decision to dismiss their application for a Student (Temporary) (Class TU) visa, subclass 500. The dismissal arose from the applicant's failure to attend a scheduled hearing before the Tribunal.

The central legal issue before the Tribunal was whether it was required to confirm the dismissal decision, given that the review applicant had not applied for reinstatement of their application within the prescribed 14-day period.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and the *Administrative Appeals Tribunal Act 1975* (Cth), which stipulate the consequences of failing to attend a hearing and the time limits for seeking reinstatement. As the applicant did not make a timely application for reinstatement, the Tribunal was bound by the legislative framework to confirm the decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.