1716710 (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 for their scheduled hearing, and subsequently failed to 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 appear and their subsequent failure to seek reinstatement.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations, which stipulate that where an applicant fails to appear at a hearing and does not apply for reinstatement within the specified timeframe, the Tribunal must confirm the decision to dismiss the application. As the applicant did not make such an application, the Tribunal was bound to affirm the dismissal.

The Tribunal confirmed the decision to dismiss the application.