1831470 (Refugee)

The applicant, a citizen of China, sought review of a decision by the Refugee Tribunal to dismiss their application for a protection visa. The applicant did not appear at the hearing before the Tribunal.

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 at the hearing and their subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations, which stipulate that if an applicant fails to appear at a hearing and does not apply for reinstatement within 14 days, the Tribunal must confirm the decision to dismiss the application. As no such application for reinstatement was made, the Tribunal was bound to confirm the dismissal.

Consequently, the Tribunal confirmed its decision to dismiss the application, and the decision under review was taken to be affirmed.