1704228 (Refugee)

The applicant sought review of a decision by the Refugee Tribunal to refuse their application for a protection visa. The applicant failed to attend a scheduled hearing before the Tribunal and subsequently did not apply for reinstatement of their application within the prescribed 14-day period.

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

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations, which stipulate that if an applicant fails to apply for reinstatement within 14 days of a dismissal for non-attendance, the decision under review is taken to be affirmed. As the applicant did not make such an application, the Tribunal was bound by these provisions.

Consequently, the Tribunal confirmed the decision to dismiss the application.