1708168 (Refugee)

The applicant sought review of a decision by the Refugee Tribunal to dismiss their application for a protection visa. The Tribunal had dismissed the application due to the applicant's failure to attend a scheduled hearing.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal decision, given the applicant's failure to attend the hearing and their subsequent failure to apply for reinstatement of the application within the prescribed 14-day period.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations, which stipulate that if an applicant fails to attend 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 meet the criteria for reinstatement, the Tribunal was bound to confirm its earlier decision.

The Tribunal confirmed the decision to dismiss the applicant's application for a protection visa.