1833696 (Refugee)

The applicant sought a protection visa. The Administrative Appeals Tribunal (the Tribunal) dismissed the application due to the applicant's failure to appear at the hearing. The applicant did not subsequently apply for reinstatement of the application within the prescribed 14-day period.

The central legal issue before the Tribunal was whether it was required to confirm the dismissal of the protection visa application, given the applicant's failure to seek reinstatement after not attending the hearing.

The Tribunal applied the principle that where an applicant fails to apply for reinstatement within the stipulated timeframe following a dismissal for non-appearance, the Tribunal must confirm the dismissal. Consequently, the decision under review, which was the dismissal of the application, was taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.