2009599 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a protection visa. The applicants were the subject of the review.

The primary legal issue before the Tribunal was whether to confirm the decision to dismiss the application for review, given that the applicants had not appeared at the hearing and had not subsequently applied for reinstatement within the prescribed timeframe.

The Tribunal's reasoning was that under its procedural rules, if an applicant fails to appear at a hearing and does not apply for reinstatement within 14 days, the Tribunal must confirm the dismissal of the application. As no such application for reinstatement was made, the Tribunal was bound to confirm the dismissal. Consequently, the decisions under review were taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application.