2013363 (Refugee)

The applicant, a citizen of China, sought a protection visa. The Administrative Appeals Tribunal (AAT) dismissed the application for review due to the applicant's failure to appear at the scheduled hearing. The applicant did not subsequently 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. This also involved determining whether the decision under review was therefore taken to be affirmed.

The Tribunal applied the relevant procedural rules, which mandated confirmation of a dismissal if an application for reinstatement was not filed within 14 days of the dismissal. As this condition was not met by the applicant, 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.