2318768 (Refugee)

The applicant, a citizen of the Solomon Islands, 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. The Tribunal, presided over by Member Jessica Henderson, was required to determine whether to confirm the dismissal of the application in light of the applicant's failure to seek reinstatement.

The Tribunal's decision turned on the interpretation of its procedural rules concerning non-appearance and the subsequent failure to apply for reinstatement. Specifically, the Tribunal had to consider the mandatory nature of confirming a dismissal when the applicant does not avail themselves of the reinstatement process within the stipulated timeframe.

Member Jessica Henderson reasoned that the legislative framework governing the Tribunal's process mandates the confirmation of a dismissal if an applicant fails to apply for reinstatement within the 14-day period. As the applicant did not make such an application, the Tribunal was obliged to affirm its earlier decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.