Yip (Migration)

The Administrative Appeals Tribunal (AAT) considered a matter concerning the cancellation of a Student (Temporary) visa (Class TU) subclass 572. The applicant, Yip, did not appear at the hearing before the Tribunal.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the applicant's application, given the applicant's failure to appear and their subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal's reasoning was based on the procedural requirements stipulated for such circumstances. As the applicant did not make an application for reinstatement within the 14-day period following the dismissal, the Tribunal was mandated to confirm the decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.