1717675 (Refugee)

The applicant, seeking a protection visa, had their application dismissed by the Tribunal. The applicant failed to attend a scheduled Tribunal hearing. The Senior Member of the Tribunal, Shahyar Roushan, was required to determine whether the Tribunal was obliged to confirm the dismissal decision given the applicant's failure to attend the hearing and the subsequent failure to apply for reinstatement within the prescribed timeframe.

The central legal issue was the application of the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations concerning the dismissal of applications for failure to attend a hearing and the subsequent process for seeking reinstatement. Specifically, the Tribunal had to consider the consequences of not applying for reinstatement within the 14-day period stipulated by the legislation.

The Tribunal's reasoning was that as the applicant did not apply for reinstatement of their application within the 14-day period following the dismissal, the Tribunal was mandated to confirm the decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Tribunal therefore confirmed its earlier decision to dismiss the application.