1614264 (Refugee)

The applicant, who sought a protection visa in relation to Fiji, failed to attend a hearing before the Refugee Tribunal. The Tribunal dismissed the application due to this non-attendance. The applicant did not apply for reinstatement of the application within the prescribed 14-day period following the dismissal.

The legal issue before the Tribunal was whether it was required to confirm the decision to dismiss the application, given the applicant's failure to seek reinstatement within the stipulated timeframe.

The Tribunal applied the principle that where an applicant fails to apply for reinstatement of a dismissed application within the 14-day period, the Tribunal must confirm the decision to dismiss. Consequently, in such circumstances, the decision under review is taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.