1703562 (Refugee)

The applicant, a citizen of China, sought review of a decision to dismiss their application for a protection visa. The Administrative Appeals Tribunal (AAT) had dismissed the application, and the applicant sought judicial review of that dismissal.

The primary legal issue before the court was whether the Tribunal had erred in affirming its decision to dismiss the applicant's protection visa application, given the applicant's failure to attend the scheduled hearing and their subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal's decision was based on the applicant's failure to attend the hearing and the subsequent failure to lodge an application for reinstatement within the 14-day period stipulated by the relevant regulations. As the applicant did not seek reinstatement within this period, the Tribunal was obliged to confirm the dismissal of the application, which was then taken to be affirmed. The Member confirmed the decision to dismiss the application.