1808184 (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 following the dismissal.

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

The AAT Member, Linda Holub, reasoned that the legislative framework mandated the affirmation of the dismissal decision when an applicant does not apply for reinstatement within the 14-day period. Consequently, the Tribunal was bound to confirm the decision to dismiss the application. The decision under review was therefore taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.