1711785 (Refugee)

The applicant sought review of a decision by the Refugee Tribunal to dismiss their application for a protection visa. The applicant did not appear before the Tribunal, and subsequently did not request reinstatement of their application within the prescribed 14-day period. The Senior Member of the Tribunal was required to determine whether the dismissal of the application was to be confirmed.

The central legal issue was the consequence of the applicant's failure to appear and their subsequent failure to seek reinstatement of their application within the statutory timeframe. The Tribunal was tasked with applying the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations concerning the dismissal of applications and the process for seeking reinstatement.

The Senior Member reasoned that as the applicant had not applied for reinstatement within the 14 days following the dismissal, the Tribunal was mandated to confirm the decision to dismiss the application. This failure to act within the specified period meant that the decision under review was taken to be affirmed. Consequently, the Tribunal confirmed its earlier decision to dismiss the application.