1600615 (Refugee)

The applicant, a citizen of China, sought a protection visa. The Administrative Appeals Tribunal (AAT) dismissed the application due to the applicant's non-attendance at a scheduled hearing. The applicant did not apply for reinstatement of the application within the prescribed 14-day period following the dismissal.

The primary legal issue before the Tribunal was whether it was required to confirm the decision to dismiss the application, given the applicant's failure to seek reinstatement within the stipulated timeframe. This involved determining the consequence of non-compliance with the procedural requirements for reinstating a dismissed application.

The Tribunal applied the principle that where an applicant fails to apply for reinstatement of a dismissed application within the 14-day period, the Tribunal must confirm the decision to dismiss. Consequently, the decision under review is taken to be affirmed. The Tribunal confirmed its earlier decision to dismiss the application.