1804712 (Refugee)

The applicant, a citizen of China, sought a protection visa. The Administrative Appeals Tribunal (AAT) dismissed the applicant's application after the applicant failed to attend a scheduled hearing. The applicant subsequently failed to apply for reinstatement of the application within the prescribed 14-day period.

The AAT was required to determine whether it must confirm the decision to dismiss the application, given the applicant's failure to seek reinstatement within the statutory timeframe.

The AAT Member, Sean Baker, applied the relevant legislative provisions which mandate the confirmation of a dismissal decision when an applicant fails to apply for reinstatement within the specified period. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.