1925629 (Refugee)

The applicant sought a protection visa. The Administrative Appeals Tribunal (the Tribunal) dismissed the application for review due to the applicant's failure to appear at the 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 the consequence of this failure on the decision under review.

The Tribunal applied the relevant procedural rules which stipulate that where an applicant fails to apply for reinstatement within 14 days of a dismissal for non-appearance, the dismissal must be confirmed. Consequently, the decision under review is taken to be affirmed.

The Tribunal confirmed its decision to dismiss the application.