2016136 (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) was required to consider whether to confirm the dismissal of the application.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the procedural requirements for reinstating their application after it had been dismissed. Specifically, the Tribunal had to determine if the applicant had applied for reinstatement within the prescribed 14-day period following the dismissal.

The Tribunal's reasoning was based on the applicant's failure to lodge a reinstatement application within the statutory timeframe. As the applicant did not apply for reinstatement within the 14 days, the Tribunal was mandated to confirm the decision to dismiss the application. Consequently, the decision under review was taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application.