2204661 (Refugee)

The applicant, a citizen of Thailand, sought review of a decision by the Refugee Tribunal (the Tribunal) to affirm the refusal of a protection visa. The applicant had failed to attend a scheduled hearing before the Tribunal, which led to the dismissal of their application. Subsequently, the applicant did not apply for reinstatement of their application within the prescribed timeframe. The Administrative Appeals Tribunal (AAT) affirmed the Tribunal's decision.

The primary legal issue before the AAT was whether the Tribunal had erred in affirming the refusal of the protection visa, specifically concerning the applicant's non-appearance at the hearing and subsequent failure to seek reinstatement. The court was required to consider whether the Tribunal's decision was affected by an error of law, having regard to the relevant provisions of the *Migration Act 1958* (Cth) and the *Administrative Appeals Tribunal Act 1975* (Cth).

The AAT found that the Tribunal had correctly applied the law. The Tribunal was entitled to dismiss the application due to the applicant's failure to attend the hearing, as this constituted a failure to provide the necessary information for the Tribunal to make a decision. Furthermore, the applicant's failure to apply for reinstatement within the statutory period meant that the Tribunal was not obliged to consider the merits of the application further. The AAT concluded that there was no error of law in the Tribunal's decision to affirm the refusal.

The AAT affirmed the decision of the Refugee Tribunal.