1918975 (Refugee)

The applicants sought review of a decision to dismiss their application for a protection visa. The Administrative Appeals Tribunal (the Tribunal) had dismissed the application, and the applicants failed to apply for reinstatement within the prescribed 14-day period. The matter came before Member Nicole Burns of the Tribunal.

The central legal issue before the Tribunal was whether the decision to dismiss the application should be affirmed, given the applicants' failure to seek reinstatement within the statutory timeframe.

Member Burns reasoned that the Migration Act 1958 (Cth) and associated regulations require an applicant to apply for reinstatement of a dismissed application within 14 days of the dismissal. As the applicants did not comply with this requirement, the Tribunal was mandated to confirm the dismissal. Consequently, the decisions under review were taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.