1916802 (Refugee)

The applicant, who sought a protection visa, failed to attend a hearing before the Administrative Appeals Tribunal. The Tribunal subsequently dismissed the application. The applicant did not make an application for reinstatement of the dismissed application within the prescribed 14-day period.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application, given the applicant's non-attendance and subsequent failure to seek reinstatement. This required the Tribunal to consider the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations concerning the dismissal of applications for non-attendance and the process for seeking reinstatement.

The Tribunal applied the principle that where an applicant fails to attend a hearing and does not apply for reinstatement within the statutory timeframe, the Tribunal is obliged to confirm the decision to dismiss the application. This confirmation means that the original decision is taken to be affirmed. The Senior Member confirmed the Tribunal's decision to dismiss the application.