1618911 (Refugee)

The applicant sought review of a decision by the Tribunal to dismiss their application for a protection visa. The applicant did not appear at the hearing before the Tribunal, and subsequently did not apply for reinstatement of their application within the prescribed 14-day period. The Tribunal was therefore required to confirm its earlier decision to dismiss the application.

The primary legal issue before the Tribunal was whether it was obliged to affirm its decision to dismiss the application, given the applicant's failure to appear at the hearing and their subsequent failure to seek reinstatement within the stipulated timeframe.

The Tribunal applied the relevant procedural rules which mandate the confirmation of a dismissal decision when an applicant fails to apply for reinstatement within the specified period. Consequently, the Tribunal was bound to affirm the decision under review, which was the dismissal of the protection visa application.

The Tribunal confirmed the decision to dismiss the application.