2005745 (Refugee)

This matter concerned an application for review of a decision by a delegate of the Minister to refuse the grant of a protection visa to a male citizen of Malaysia. The applicant arrived in Australia in June 2017 and applied for a protection visa in October 2019, which was refused by the delegate in February 2020. The applicant subsequently applied to the Tribunal for a review of this decision.

The primary legal issue before the Tribunal was whether it was required to dismiss the applicant's review application due to his non-appearance at a scheduled hearing and his subsequent failure to apply for reinstatement. The Tribunal was also required to consider whether it had taken all necessary steps to notify the applicant of the hearing and the consequences of non-attendance.

The Tribunal reasoned that it had fulfilled its obligations under the *Migration Act 1958* (Cth) by providing the applicant with adequate notice of the hearing, including a formal invitation under s 425 and additional reminders via SMS and telephone. Despite these efforts, the applicant failed to appear at the hearing and did not provide any explanation. Consequently, the Tribunal was empowered under s 426A(1A)(b) of the Act to dismiss the application without further consideration. The applicant was then notified of this dismissal and advised of his right to seek reinstatement within 14 days. As the applicant failed to lodge a reinstatement application within this period, the Tribunal was obliged to confirm the dismissal decision.