1606717 (Refugee)

The applicant, a Sri Lankan national seeking a protection visa, failed to attend a hearing before the Administrative Appeals Tribunal. The Tribunal had previously communicated with the applicant, but received no response. Consequently, the Tribunal dismissed the application. 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 to confirm its earlier decision to dismiss the application, given the applicant's failure to attend the hearing and subsequent failure to seek reinstatement. This required the Tribunal to consider the procedural requirements and consequences of non-attendance and the failure to seek review within the stipulated timeframe.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations concerning the dismissal of applications for failure to attend hearings and the process for seeking reinstatement. As the applicant did not make an application for reinstatement within the 14-day period as required, the Tribunal was mandated to confirm its decision to dismiss the application. The Tribunal reasoned that the failure to comply with the procedural requirements for reinstatement meant the original decision to dismiss stood.

The Tribunal confirmed its decision to dismiss the application.