1911439 (Refugee)

The applicant, a citizen of China, sought a protection visa. The Administrative Appeals Tribunal (AAT) dismissed the applicant's application after the applicant failed to attend a scheduled hearing. The applicant subsequently failed to apply for reinstatement of the application within the prescribed 14-day period following the dismissal.

The AAT was required to determine whether the decision to dismiss the application should be affirmed, given the applicant's failure to attend the hearing and their subsequent failure to seek reinstatement within the statutory timeframe.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations concerning the dismissal of applications for failure to attend hearings and the process for seeking reinstatement. As the applicant did not lodge an application for reinstatement within the 14-day period stipulated by the legislation, the Tribunal was mandated to confirm the decision to dismiss the application. The Tribunal reasoned that this failure to comply with the procedural requirements for reinstatement meant the decision under review was taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application.