2014023 (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, and the applicant sought judicial review of that dismissal.

The primary legal issue before the court was whether the AAT had erred in affirming the decision to dismiss the applicant's protection visa application, specifically in circumstances where the applicant failed to attend a scheduled hearing and did not apply for reinstatement within the prescribed timeframe.

The court noted that the applicant did not apply for reinstatement of their application within the 14-day period stipulated by the relevant regulations. Consequently, the Tribunal was obliged to confirm the decision to dismiss the application. In such circumstances, the decision under review is taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.