1723003 (Refugee)

The applicant, a citizen of China, sought a protection visa. The Administrative Appeals Tribunal (AAT) dismissed the application due to the applicant's failure to appear at the scheduled hearing. No application for reinstatement of the dismissed application was made within the prescribed 14-day period.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the protection visa application, given the applicant's failure to appear and subsequent failure to seek reinstatement within the stipulated timeframe.

The Tribunal applied the relevant procedural rules which mandate confirmation of a dismissal if an application for reinstatement is not filed within 14 days of the dismissal. As this condition was not met, the Tribunal was obliged to confirm its earlier decision to dismiss the application. Consequently, the decision under review was affirmed. The Tribunal confirmed the decision to dismiss the application.