2014279 (Refugee)

The applicant, a citizen of China, sought a protection visa. The Administrative Appeals Tribunal (AAT) dismissed the applicant's application after the applicant failed to attend a scheduled hearing. The applicant subsequently failed to apply for reinstatement of the application within the prescribed 14-day period.

The AAT was required to determine whether it was compelled to confirm the decision to dismiss the application, given the applicant's failure to seek reinstatement within the statutory timeframe. The central legal issue was the consequence of not applying for reinstatement within the specified period.

The Tribunal applied the relevant legislative provisions which mandate the confirmation of a dismissal decision where an application for reinstatement is not made within 14 days of the applicant's failure to attend a hearing. As the applicant did not meet this procedural requirement, the Tribunal was bound to confirm the 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.