1809437 (Refugee)

The applicant, a citizen of China, sought a protection visa. The Administrative Appeals Tribunal (AAT) dismissed the applicant's application for review. The applicant did not subsequently apply for reinstatement of the dismissed application within the prescribed 14-day period.

The primary legal issue before the Tribunal was whether the decision to dismiss the application for review should be confirmed, given the applicant's failure to seek reinstatement.

The Tribunal applied the relevant procedural rules, which stipulate that if an application is dismissed and not reinstated within the specified timeframe, the decision under review is taken to be affirmed. The Tribunal reasoned that as no application for reinstatement was made within the 14-day period, it was bound to confirm the dismissal. Consequently, the decision under review was affirmed.

The Tribunal confirmed the decision to dismiss the application.