2104034 (Refugee)

The applicant, a citizen of China, sought a protection visa. The Administrative Appeals Tribunal (the Tribunal) dismissed the applicant's application due to their non-appearance. The applicant failed to apply for reinstatement of the 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 seek reinstatement within the stipulated timeframe. The Tribunal was also required to determine whether, in these circumstances, the decision to dismiss the application was to be affirmed.

The Tribunal's reasoning was based on the clear procedural requirements of the relevant legislation. As the applicant did not apply for reinstatement within the 14 days allowed, 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.