1920519 (Refugee)

The applicant, a citizen of China, sought a protection visa. The Administrative Appeals Tribunal (AAT) dismissed the application for review after the applicant failed to appear at the scheduled hearing. The applicant did not subsequently apply for reinstatement of the 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 for review, given the applicant's failure to appear and subsequent failure to seek reinstatement. The Tribunal was also required to determine whether, in these circumstances, the decision to dismiss the application should be affirmed.

The Tribunal applied the relevant procedural rules, which stipulated that if an application for reinstatement is not made within 14 days of the dismissal, the Tribunal must confirm the dismissal. As the applicant did not make such an application, the Tribunal was bound to confirm its earlier decision to dismiss the application. Consequently, the decision under review was taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application.