1603460 (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 Member Christine Cody of the Refugee Tribunal.

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.

Member Cody reasoned that the legislative framework mandated the confirmation of a dismissal decision where an applicant fails to apply for reinstatement within the specified 14-day period. Consequently, the Tribunal was bound by this provision and had no discretion to do otherwise. The decision under review was therefore taken to be affirmed.

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