1906556 (Refugee)

The applicant sought review of a decision by the Refugee Tribunal to dismiss their application for a protection visa. The Tribunal's decision was based on the applicant's failure to attend a scheduled hearing.

The primary legal issue before the Tribunal was whether to affirm the delegate's decision to dismiss the application due to the applicant's non-attendance at the hearing.

The Tribunal Member, Garry Fitzgerald SC, applied section 426A(1F) of the *Migration Act 1958* (Cth). This provision states that in certain circumstances, the decision under review is taken to be affirmed. As the applicant failed to attend the hearing, the Tribunal confirmed the decision to dismiss the application.

The Tribunal confirmed the decision to dismiss the application.