1706047 (Refugee)

The applicant sought review of a decision to dismiss their application for a protection visa. The Administrative Appeals Tribunal (AAT) was required to consider the applicant's failure to appear at a scheduled hearing and their subsequent inaction.

The primary legal issue before the Tribunal was whether it was compelled to affirm the decision to dismiss the application, given the applicant's failure to apply for reinstatement within the prescribed 14-day period following their non-appearance.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations, which stipulate that if an applicant fails to appear at a hearing and does not apply for reinstatement within the specified timeframe, the Tribunal must confirm the decision to dismiss the application. As the applicant did not make such an application, the Tribunal was bound to affirm the decision under review.

The Tribunal confirmed the decision to dismiss the application.