1926222 (Refugee)

The applicant, a citizen of China, sought a protection visa. The Administrative Appeals Tribunal (AAT) dismissed the application due to the applicant's non-appearance. The applicant failed to apply for reinstatement of the application within the prescribed 14-day period following the dismissal.

The central legal issue before the Tribunal was whether it was required to confirm the dismissal of the protection visa application, given the applicant's failure to seek reinstatement within the statutory timeframe.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations, which mandate the confirmation of a dismissal decision if an applicant does not apply for reinstatement within 14 days of the dismissal. The Tribunal reasoned that this procedural requirement was absolute and did not permit any discretion in the absence of a timely reinstatement application.

Consequently, the Tribunal confirmed its earlier decision to dismiss the application for a protection visa.