2011336 (Refugee)

The applicant, a citizen of China, sought a protection visa. The Administrative Appeals Tribunal (AAT) dismissed the application. The applicant did not subsequently apply for reinstatement of the application within the prescribed 14-day period.

The AAT was required to determine whether it must confirm the decision to dismiss the application in the absence of a reinstatement request. The AAT was also required to determine whether, in these circumstances, the decision under review was taken to be affirmed.

The AAT Member, Helen Glass, reasoned that the legislative framework mandated the confirmation of the dismissal decision when no application for reinstatement was made within the stipulated timeframe. Consequently, the decision under review was deemed to be affirmed. The Tribunal confirmed the decision to dismiss the application.