1933822 (Refugee)

The applicant, a citizen of China, sought a protection visa. The Refugee Tribunal dismissed the applicant's application after the applicant failed to attend a scheduled hearing. The applicant subsequently failed to apply for reinstatement of the application within the prescribed 14-day period following the dismissal.

The primary 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 apply for reinstatement within the statutory timeframe.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations, which stipulate a strict 14-day period for seeking reinstatement of a dismissed application. As the applicant did not make such an application within this period, the Tribunal was bound by law to confirm the decision to dismiss the application. Consequently, the decision under review was taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application.