1912990 (Refugee)

The applicant, who sought a protection visa, failed to attend a hearing before the Refugee Tribunal. Consequently, the Tribunal dismissed the application. The applicant did not apply for reinstatement of the application within the prescribed 14-day period following the dismissal. The matter came before the Tribunal for review of its earlier decision.

The primary legal issue before the Tribunal was whether it was required to confirm the decision to dismiss the applicant's protection visa application, given the applicant's failure to apply for reinstatement within the statutory timeframe.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations, which stipulate a strict 14-day period for applying for reinstatement after an application has been dismissed for non-attendance. As the applicant did not make such an application within this period, the Tribunal was bound by law to confirm its earlier decision to dismiss the application. The Tribunal reasoned that the failure to comply with the reinstatement procedure meant the original dismissal stood, and the decision under review was therefore affirmed.

The Tribunal confirmed the decision to dismiss the application.