1709471 (Refugee)

The applicant, who sought a protection visa in relation to Fiji, failed to attend a hearing before the Administrative Appeals Tribunal. Consequently, the Tribunal dismissed the application. The applicant did not apply for reinstatement of the application within the prescribed 14-day period following the dismissal.

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

The Tribunal applied the relevant legislative provisions which mandate the confirmation of a dismissal decision where an application for reinstatement is not made within the specified 14-day period. The Tribunal reasoned that this failure automatically triggers the confirmation of the dismissal. Therefore, the decision under review was taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.