1617408 (Refugee)

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

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 appear and their subsequent failure to seek reinstatement. The Tribunal was also required to determine the consequence of this failure on the decision under review.

The Tribunal applied the relevant procedural rules which stipulated that where an applicant fails to apply for reinstatement within the specified timeframe following a dismissal for non-appearance, the Tribunal must confirm the dismissal. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.