2100147 (Refugee)

The applicant, a citizen of China, sought review of a decision by the Refugee Tribunal to dismiss their application for a protection visa. The dismissal occurred because the applicant failed to attend a scheduled hearing before the Tribunal. 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 it was required to confirm the dismissal of the application, given the applicant's failure to attend the hearing and their subsequent failure to seek reinstatement within the stipulated timeframe. The Tribunal was therefore required to determine the legal consequences of these failures under the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations.

The Tribunal applied the principle that where an applicant fails to attend a hearing and does not apply for reinstatement within the specified period, the Tribunal is mandated to confirm the decision to dismiss the application. This confirmation, in turn, results in the decision under review being taken to be affirmed. The Tribunal found that the applicant's inaction met the criteria for confirmation of the dismissal.

Consequently, the Tribunal confirmed the decision to dismiss the applicant's application for a protection visa.