1931939 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa by applicants who failed to appear at a hearing. The Tribunal dismissed the application due to the no-show. The applicants did not subsequently apply for reinstatement of their 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, given the applicants' 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 principle that where an applicant fails to apply for reinstatement within the stipulated timeframe following a dismissal for non-appearance, the Tribunal must confirm the dismissal. Consequently, the decision to dismiss the application was affirmed. The Tribunal confirmed its earlier decision to dismiss the application.