1923354 (Refugee)

The applicant sought review of a decision by the Refugee Tribunal to dismiss their application for a protection visa. The applicant had failed to attend a scheduled hearing before the Tribunal.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application, given the applicant's failure to attend the hearing and their subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations, which stipulate that if an applicant fails to attend a hearing without providing a sufficient reason, and does not apply for reinstatement within 14 days of the dismissal, the Tribunal must confirm the dismissal. As the applicant did not meet the criteria for reinstatement, the Tribunal was bound to affirm its earlier decision to dismiss the application.

The Tribunal confirmed the decision to dismiss the application.