2321259 (Refugee)

The applicant, who sought a protection visa, failed to attend a hearing before the Refugee Tribunal. The applicant also failed to apply for reinstatement of their application within the prescribed 14-day period following the dismissal. The matter came before the Tribunal for review of the decision to dismiss the application.

The primary legal issue before the Tribunal was whether it was required to confirm the decision to dismiss the applicant's protection visa application, given the applicant's failure to attend the hearing and their subsequent failure to apply for reinstatement within the statutory timeframe.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations, which stipulate that where an applicant fails to apply for reinstatement within 14 days of a dismissal for non-attendance, the decision to dismiss the application must be confirmed. The Tribunal found that as the applicant did not meet this reinstatement requirement, the decision to dismiss the application was mandated by law.

The Tribunal confirmed the decision to dismiss the application.