1908735 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa by an applicant who had not appeared at the hearing. The Tribunal dismissed the application due to the applicant's non-appearance.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application, given that the applicant had not sought reinstatement within the prescribed 14-day period.

The Tribunal reasoned that Australian procedural rules require an application to be reinstated within a specific timeframe following dismissal for non-appearance. As no such application was made, the Tribunal was bound to confirm its earlier decision to dismiss the application. Consequently, the decision under review was affirmed. The Tribunal confirmed the decision to dismiss the application.