2018391 (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 must confirm the decision to dismiss the application, given the applicant's failure to apply for reinstatement within the statutory timeframe. The central legal issue was the consequence of this failure under the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations.

The Tribunal applied the principle that where an applicant fails to apply for reinstatement of a dismissed application within the 14-day period, the Tribunal is mandated to confirm the decision to dismiss the application. This confirmation means that the original decision is taken to be affirmed. Consequently, the Tribunal confirmed its earlier decision to dismiss the applicant's protection visa application.