1708258 (Refugee)

The applicant sought review of a decision by the Refugee Tribunal to dismiss their application for a protection visa. The applicant failed to appear before the Tribunal for their hearing, which led to the initial dismissal of their application.

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 seek reinstatement of the application within the prescribed timeframe.

The Tribunal applied the relevant legislative provisions which stipulate that where an applicant fails to appear at a hearing and does not apply for reinstatement within 14 days of the dismissal, the Tribunal must confirm the decision to dismiss the application. As the applicant did not seek reinstatement within the stipulated period, 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.