2007239 (Refugee)

The applicant, a citizen of China, sought review of a decision to dismiss their application for a protection visa. The Administrative Appeals Tribunal (AAT) had dismissed the application due to the applicant's failure to attend a scheduled hearing. The applicant did not apply for reinstatement of their application within the prescribed 14-day period following the dismissal.

The primary legal issue before the Tribunal was whether the decision to dismiss the application for a protection visa should be confirmed, given the applicant's failure to attend the hearing and their subsequent failure to seek reinstatement within the statutory timeframe.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and the *Administrative Appeals Tribunal Act 1975* (Cth), which stipulate that if an applicant fails to attend a hearing and does not apply for reinstatement within 14 days, the Tribunal must confirm the decision to dismiss the application. As these conditions were met, the Tribunal was bound to confirm the dismissal. The Tribunal confirmed its decision to dismiss the application.