1713500 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa by an applicant from Vietnam. The applicant failed to appear for a scheduled hearing, and subsequently did not apply for reinstatement of their application within the prescribed 14-day period.

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

The Tribunal applied the relevant legislative provisions which stipulate that where an applicant fails to apply for reinstatement within the specified timeframe, the Tribunal must confirm the decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.