2402719 (Refugee)

The applicant, who sought a protection visa from Vanuatu, 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 Senior Member Bridget Cullen of the Refugee Tribunal.

The primary legal issue before the Tribunal was whether the applicant had complied with the procedural requirements for seeking reinstatement of their protection visa application after failing to attend a scheduled hearing. Specifically, the Tribunal had to determine if the applicant's failure to lodge a reinstatement application within the statutory timeframe mandated the confirmation of the initial dismissal decision.

Senior Member Bridget Cullen applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations, which stipulate a strict 14-day period for lodging an application for reinstatement after an application has been dismissed due to non-attendance. As the applicant did not meet this deadline, the Tribunal was obliged to confirm the decision to dismiss the application. The Tribunal reasoned that the failure to comply with the reinstatement timeframe meant the decision under review was taken to be affirmed.

The Tribunal confirmed the decision to dismiss the applicant's protection visa application.