1708352 (Refugee)

The applicant, a citizen of China, sought a protection visa. The Refugee Tribunal dismissed the applicant's application for failing to attend a scheduled hearing. The applicant did not apply for reinstatement of the application within the prescribed 14-day period following the dismissal. The matter came before the Tribunal for review of the dismissal decision.

The primary legal issue before the Tribunal was whether the dismissal decision should be affirmed, given the applicant's failure to seek reinstatement within the statutory timeframe.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations, which stipulate that if an applicant fails to apply for reinstatement within 14 days of a dismissal decision, the decision is taken to be affirmed. As the applicant did not meet this requirement, the Tribunal was bound to confirm the dismissal.

The Tribunal confirmed the decision to dismiss the application.