1707171 (Refugee)

The applicant, a citizen of China, sought review of a decision by the Refugee Tribunal concerning their application for a protection visa. The matter came before the Tribunal for a hearing, but the applicant did not appear. Consequently, the Tribunal dismissed the application. The applicant did not subsequently apply for reinstatement of the dismissed 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 at the hearing and their subsequent failure to seek reinstatement. This also raised the question of whether the decision under review was therefore taken to be affirmed.

The Tribunal applied the relevant procedural rules, which stipulated that if an applicant fails to apply for reinstatement within 14 days of a dismissal for non-appearance, the Tribunal must confirm the dismissal. In accordance with these rules, the Tribunal found that it was obliged to confirm the decision to dismiss the application. This confirmation meant that the decision under review was taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application.