2109653 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa. The applicant did not appear at the hearing of their application for review. Consequently, the Tribunal dismissed the application.

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 appear and their subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal reasoned that under its procedural rules, an application dismissed for non-appearance would be confirmed if the applicant did not seek reinstatement within 14 days. As no such application was made, the Tribunal was bound to confirm the dismissal. This confirmation meant that the original decision to dismiss the application was affirmed.

The Tribunal confirmed the decision to dismiss the application.