1801103 (Refugee)

The applicant, a citizen of China, sought a protection visa. The Administrative Appeals Tribunal (the Tribunal) dismissed the applicant's application after they failed to appear at the hearing. The applicant did not subsequently 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 confirm the dismissal of the application given the applicant's failure to appear and their subsequent failure to seek reinstatement.

The Tribunal applied the relevant procedural rules, which stipulated that if an applicant fails to apply for reinstatement within 14 days of a dismissal for non-appearance, the Tribunal must confirm the dismissal. Consequently, the Tribunal confirmed its decision to dismiss the application, which meant the decision under review was affirmed.