Section 368C — Reinstatement of application or confirmation of dismissal

368C Reinstatement of application or confirmation of dismissal

(1) This section, instead of section 102 of the ART Act, applies if the ART dismisses an application for review of a reviewable migration decision or a reviewable protection decision.

(2) If the dismissal is made under one of the following provisions, the applicant may, within 28 days after receiving notice of the decision under subsection 368B(5), apply to the ART for reinstatement of the application:

(a) section 99 (Tribunal may dismiss application if applicant does not appear) of the ART Act;

(b) section 100 (Tribunal may dismiss application if applicant fails to comply with order etc.) of the ART Act;

(c) section 101 (Tribunal may dismiss application if frivolous, vexatious etc.) of the ART Act;

(d) section 367M (dismissing applications to be reviewed on the papers) of this Act.

Note: Section 379C sets out when a person is taken to have received a document from the ART for the purposes of this Part.

(3) On application for reinstatement in accordance with subsection (2), the ART must:

(a) if it considers it appropriate to do so—reinstate the application by written statement under 368B; or

(b) confirm the decision to dismiss the application, by written statement under section 368.

Note 1: The ART must, under section 368B, notify the applicant of the decision to reinstate the application. Note 2: The ART must, under section 368A, notify the applicant of the decision to confirm the decision to dismiss the application.

(4) If the ART reinstates the application:

(a) the application is taken never to have been dismissed; and

(b) the ART must conduct (or continue to conduct) the review accordingly.

(5) If the applicant fails to apply for reinstatement within the 28-day period mentioned in subsection (2), the ART must confirm the decision to dismiss the application, by written statement under section 368. Note: Under section 368A, the ART must notify the applicant of a decision to confirm the dismissal of the application.

(6) If the ART confirms the decision to dismiss the application, the decision under review is taken to be affirmed.

(7) The ART cannot give a decision orally under subsection (3) or (5).