1600327 (Refugee)

The applicant, a citizen of China, sought review of a decision by the Refugee Tribunal to dismiss their application for a protection visa. The dispute arose because the applicant failed to appear at their scheduled hearing before the Tribunal. The matter was heard by Ms Christine Long, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant's failure to attend the hearing, and their subsequent failure to apply for reinstatement of the application within the prescribed timeframe, necessitated the affirmation of the Tribunal's decision to dismiss the application.

Ms Long reasoned that Australian administrative law, as applied by the Refugee Tribunal, requires an applicant to take specific steps to have a dismissed application reinstated if they fail to attend a hearing. The applicant did not apply for reinstatement within the 14-day period stipulated by the relevant rules. Consequently, the Tribunal was bound by these procedural requirements.

The Tribunal confirmed its earlier decision to dismiss the application, finding that the applicant's non-compliance with the procedural requirements for reinstatement meant the decision under review was taken to be affirmed.