2014094 (Refugee)

The applicant, a citizen of China, sought review of a decision by the Refugee Tribunal concerning their application for a protection visa. The applicant failed to appear at the scheduled hearing before the Tribunal. Consequently, the Tribunal dismissed the application. The applicant did not subsequently apply for reinstatement of their 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 appear at the hearing and their subsequent failure to seek reinstatement within the stipulated timeframe. The Tribunal was required to determine the legal consequences of these omissions under the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations.

The Tribunal applied the principle that where an applicant fails to appear at a hearing and does not apply for reinstatement within the prescribed period, the Tribunal must confirm its decision to dismiss the application. This confirmation, in turn, means that the decision under review is taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.