2012963 (Refugee)

The applicant, a citizen of China, sought a protection visa. The Administrative Appeals Tribunal (the 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.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application given the applicant's failure to seek reinstatement within the stipulated timeframe.

The Tribunal applied the relevant legislative provisions which mandate confirmation of a dismissal decision if an application for reinstatement is not made within 14 days of the dismissal. As the applicant did not meet this procedural requirement, the Tribunal was obliged to confirm its earlier decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.