1703712 (Refugee)

The applicant, a citizen of China, sought a protection visa. The Administrative Appeals Tribunal (AAT) dismissed the applicant's application after they failed to attend a scheduled hearing. The applicant did not subsequently apply for a reinstatement of their application within the prescribed 14-day period.

The central legal issue before the Tribunal was whether it was required to confirm the decision to dismiss the application, given the applicant's failure to attend the hearing and their subsequent failure to seek reinstatement within the stipulated timeframe.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations. As the applicant did not make an application for reinstatement within the 14-day period following the dismissal, the Tribunal was mandated to confirm the decision to dismiss the application. Consequently, the decision under review was taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application.