The Court confirmed on de novo review that the Administrative Review Tribunal lawfully exercised its discretion under s 99 of the ART Act to dismiss a protection visa review application for non-appearance, where the hearing invitation was sent to the applicant's nominated email address and deemed received under s 379C(5) of the Migration Act regardless of whether the applicant actually read it. The Tribunal's decision to dismiss rather than adjourn or determine the matter on the papers was held to be legally reasonable, with an evident and intelligible justification, where the applicant had not responded to prior correspondence, did not attend the hearing, and the dismissal preserved the ability to seek reinstatement. The confirmation decision under s 368C(5) was mandatory once the applicant failed to apply for reinstatement within 28 days.
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