1606053 (Refugee)

The applicant sought review of a decision by the Refugee Tribunal to dismiss their application for a protection visa. The applicant failed to appear before the Tribunal for their hearing and did not subsequently apply for reinstatement of their application within the prescribed 14-day period.

The central legal issue before the Tribunal was whether it was required to confirm the dismissal of the application, given the applicant's failure to appear and their subsequent failure to seek reinstatement.

The Tribunal applied the relevant legislative provisions which stipulate that where an applicant fails to appear before the Tribunal and does not apply for reinstatement within 14 days of the scheduled hearing, the Tribunal must confirm the decision to dismiss the application. In such circumstances, the decision under review is taken to be affirmed. Consequently, the Tribunal confirmed its earlier decision to dismiss the application.