1706560 (Refugee)

The applicant sought judicial review of a decision by the Refugee Tribunal which confirmed the dismissal of their application for a protection visa. The applicant had failed to appear at a scheduled hearing before the Tribunal.

The primary legal issue before the Federal Circuit Court was whether the Tribunal had any discretion to extend the 14-day period prescribed by section 426A(1E) of the *Migration Act 1958* (Cth) for an applicant to apply for reinstatement of a dismissed application.

The Court determined that section 426A(1E) imposed a mandatory timeframe, and the Tribunal had no discretion to extend this period. As the applicant did not apply for reinstatement within the stipulated 14 days, the Tribunal was obliged to confirm the dismissal of the application. Consequently, the decision under review was affirmed.