1706195 (Refugee)

The applicant sought a protection visa. The Administrative Appeals Tribunal (AAT) dismissed the application. The applicant did not appear at the hearing and did not apply for reinstatement of the matter within the prescribed 14-day period.

The AAT was required to determine whether to confirm its decision to dismiss the application, given the applicant's failure to seek reinstatement.

The AAT Member, Christine Cody, applied the principle that where an applicant fails to apply for reinstatement within the stipulated timeframe, the Tribunal must confirm its decision to dismiss the application. This failure means the decision under review is taken to be affirmed. Consequently, the Tribunal confirmed the decision to dismiss the application.