ZHENG (Migration)

The Administrative Appeals Tribunal (AAT) considered a migration matter concerning a Student (Temporary) (Class TU) visa, subclass 500. The applicant sought review of a decision to dismiss their application, which arose from a failure to attend a scheduled Tribunal hearing.

The primary 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 was therefore tasked with determining the consequence of this failure to seek reinstatement.

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. In this instance, as no application for reinstatement was made within the 14-day period, 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.