2017570 (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 due to the applicant's failure to attend a scheduled hearing. The applicant did not apply for reinstatement of their application within the prescribed 14-day period following the dismissal.

The primary legal issue before the Tribunal was whether the decision to dismiss the application for a protection visa should be confirmed, given the applicant's failure to attend the hearing and their subsequent failure to seek reinstatement within the statutory timeframe.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth) concerning the dismissal of applications for failure to attend hearings and the process for seeking reinstatement. As the applicant did not make an application for reinstatement within the 14-day period stipulated by the regulations, 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.