2104306 (Refugee)

The applicant sought review of a decision to dismiss their application for a protection visa. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether to affirm the decision to dismiss the application.

The central legal issue was whether the Tribunal was compelled to confirm the dismissal of the applicant's protection visa application, given the applicant's failure to apply for reinstatement within the prescribed 14-day period following the initial dismissal.

The Tribunal applied the principle that where an applicant fails to seek reinstatement of their application within the statutory timeframe, the Tribunal must confirm the decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.