1614411 (Refugee)

The applicant sought a protection visa, but their application was dismissed by the Tribunal. The applicant subsequently moved interstate and failed to attend the hearing for their application. The Tribunal was required to determine whether to confirm the dismissal of the application.

The central legal issue was the consequence of the applicant's failure to attend the hearing and their subsequent failure to apply for reinstatement of the application within the prescribed timeframe. The Tribunal had to consider the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations governing the dismissal of applications and the process for seeking their reinstatement.

The Tribunal reasoned that as the applicant did not apply for reinstatement of their application within the 14-day period stipulated by the regulations, the Tribunal was mandated to confirm the decision to dismiss the application. This failure to seek reinstatement meant that the decision under review was taken to be affirmed. Consequently, the Tribunal confirmed its earlier decision to dismiss the application.