1705492 (Refugee)

The applicant, a citizen of Vietnam, sought review of a decision by the Refugee Tribunal to dismiss their application for a protection visa. The applicant did not appear before the Tribunal, leading to the dismissal of their application. The applicant subsequently failed to apply for reinstatement of the 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 apply for reinstatement within the statutory timeframe.

The Tribunal applied the relevant legislative provisions which mandate confirmation of a dismissal decision where an applicant fails to seek reinstatement within the specified period. As the applicant did not make such an application, the Tribunal was bound to confirm the dismissal. Consequently, the decision under review was taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application.