1709468 (Refugee)

The applicant, a citizen of China, sought a protection visa. The Administrative Appeals Tribunal (AAT) dismissed the application due to the applicant's failure to appear at the hearing. The applicant did not subsequently apply for reinstatement of the application within the prescribed 14-day period.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application, given the applicant's failure to seek reinstatement within the stipulated timeframe.

The Tribunal reasoned that under its procedural rules, a failure to apply for reinstatement within 14 days of a dismissal for non-appearance necessitates the confirmation of that dismissal. Consequently, the Tribunal was bound to affirm its earlier decision to dismiss the application. The Tribunal confirmed its decision to dismiss the application.