2320722 (Refugee)

The applicant, who sought a protection visa, did not appear before the Refugee Tribunal. Consequently, the Tribunal dismissed the application. The applicant failed to apply for reinstatement of the application within the prescribed 14-day period, leading to the Tribunal confirming its earlier decision to dismiss the application. The matter came before Senior Member Shahyar Roushan for review.

The primary legal issue before the Tribunal was whether it was obliged to confirm the dismissal of the protection visa application, given the applicant's failure to apply for reinstatement within the statutory timeframe.

Senior Member Roushan applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations, which mandate the confirmation of a dismissal decision if an applicant does not seek reinstatement within the specified period. The Tribunal reasoned that the applicant's inaction automatically triggered the confirmation of the dismissal.

The Tribunal confirmed the decision to dismiss the application.