2018087 (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 following the dismissal.

The central legal issue before the Tribunal was whether it was required to confirm the decision to dismiss the application, given the applicant's failure to seek reinstatement within the statutory timeframe.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations, which stipulate a strict 14-day period for applying for reinstatement after an application has been dismissed for non-attendance at a hearing. As the applicant did not make such an application within this period, the Tribunal was bound by the legislative framework to confirm the dismissal. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.