1723206 (Refugee)

The applicant, who sought a protection visa from Vietnam, failed to appear at a hearing before the Administrative Appeals Tribunal. The Tribunal dismissed the application due to the applicant's non-attendance. The applicant did not subsequently apply for reinstatement of the application within the prescribed 14-day period.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application, given the applicant's failure to attend the hearing and their subsequent failure to seek reinstatement.

The Tribunal applied the relevant procedural rules which stipulate that if an applicant fails to apply for reinstatement within the specified timeframe after a dismissal for non-attendance, the Tribunal must confirm the decision to dismiss the application. Consequently, the decision under review is taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.