Zhang (Migration)

The applicant, Zhang, sought judicial review of a decision by the Migration Review Tribunal (MRT) to confirm the dismissal of their application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187. The dismissal by the MRT was based on Zhang's non-appearance before the Tribunal.

The central legal issue before the court was whether the MRT was required to confirm its decision to dismiss Zhang's application, given that Zhang had not applied for reinstatement within the prescribed 14-day period. This required the court to consider the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations concerning the consequences of non-appearance before the Tribunal and the process for seeking reinstatement of a dismissed application.

The Tribunal Member, Penelope Hunter, reasoned that the legislative framework mandated the confirmation of the dismissal decision if a reinstatement application was not lodged within the specified timeframe. Consequently, as no such application was made by Zhang, the decision under review was deemed to be affirmed by operation of law. The Tribunal therefore confirmed its earlier decision to dismiss the application.