1826389 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa. The applicant failed to appear at the hearing of their application for review. Consequently, the Tribunal dismissed the application.

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 the subsequent absence of an application for reinstatement within the prescribed timeframe.

The Tribunal reasoned that under its procedural rules, if an applicant fails to appear at a hearing and does not apply for reinstatement within 14 days, the Tribunal must confirm its decision to dismiss the application. As no such application for reinstatement was made, the Tribunal was bound to affirm the decision under review. The Tribunal confirmed the decision to dismiss the application.