1731016 (Refugee)

The applicant, a citizen of China, sought review of a decision by the Refugee Tribunal concerning their application for a protection visa. The matter came before Member Scott Clarey of the Tribunal.

The primary legal issue before the Tribunal was whether to confirm the dismissal of the applicant's application for review, given the applicant's failure to appear at the scheduled hearing and their subsequent failure to apply for reinstatement within the prescribed timeframe.

Member Scott Clarey reasoned that the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth) require an applicant to apply for reinstatement within 14 days of the dismissal of their application for failure to appear. As no such application was made by the applicant, the Tribunal was bound to confirm the decision to dismiss the application. Consequently, the decision under review was taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application.