1705662 (Refugee)

The applicant sought review of a decision by the Refugee Tribunal to dismiss their application for a protection visa. The applicant had failed to appear before the Tribunal for their scheduled hearing, leading to the initial dismissal of their application. Following notification of this decision, the applicant did not lodge an application for reinstatement within the prescribed 14-day period.

The central legal issue before the Tribunal was whether it was required to affirm the decision to dismiss the application, given the applicant's failure to seek reinstatement within the statutory timeframe.

The Tribunal reasoned that Australian immigration law mandates that where an applicant fails to apply for reinstatement of a dismissed application within 14 days, the Tribunal must confirm the decision to dismiss. Consequently, the Tribunal was bound to affirm the decision under review. The Tribunal confirmed the decision to dismiss the application.