1916110 (Refugee)

The applicant, a citizen of China, sought review of a decision to dismiss their application for a protection visa. The Administrative Appeals Tribunal (AAT) was the reviewing court.

The primary legal issue before the AAT was whether the applicant had complied with the procedural requirements for reinstating their application after failing to attend a hearing. Specifically, the AAT had to determine if the applicant had applied for reinstatement within the prescribed 14-day period.

The AAT Member, Penelope Hunter, reasoned that as the applicant did not apply for reinstatement within the stipulated 14-day period, the Tribunal was bound to confirm the original decision to dismiss the application. Consequently, the decision under review was taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application.