1617374 (Refugee)

The applicant sought review of a decision by the Refugee Tribunal to dismiss their application for a protection visa. The dismissal occurred due to the applicant's failure to attend a scheduled hearing.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application, given the applicant's failure to attend the hearing and their subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal reasoned that under the relevant legislative framework, where an applicant fails to attend a scheduled hearing and does not apply for reinstatement of their application within 14 days of the dismissal, the Tribunal must confirm the decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.