2006705 (Refugee)

The applicant, a citizen of China, sought a protection visa. The Refugee Tribunal dismissed the applicant's application due to their non-appearance. The applicant failed to apply for reinstatement of the application within the prescribed 14-day period following the dismissal. The Tribunal was therefore required to confirm its earlier decision to dismiss the application.

The central legal issue before the Tribunal was whether it was obliged 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 initial dismissal. As the applicant did not meet this procedural requirement, the Tribunal had no discretion but to confirm its prior decision. The decision under review was consequently affirmed.