1608701 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by an applicant from China. The applicant failed to appear for a scheduled hearing, and subsequently did not apply for the reinstatement of their application within the prescribed 14-day period.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application, given the applicant's failure to seek reinstatement.

The Tribunal applied the relevant legislative provisions which stipulate that if an applicant does not apply for reinstatement within the specified timeframe, the Tribunal must confirm the decision to dismiss the application. In such circumstances, the decision under review is taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.