1706978 (Refugee)

The applicant, Tigiilagi Eteuati, sought review of a decision to dismiss their application for a protection visa. The dispute arose from the applicant's failure to attend a hearing before the Administrative Appeals Tribunal (AAT).

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application, given the applicant's non-attendance at the scheduled hearing and the subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal reasoned that under the relevant legislative provisions, where an applicant fails to attend a hearing and does not apply for reinstatement within 14 days of the dismissal, the Tribunal must confirm the decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.