1709226 (Refugee)

The applicant sought judicial review of a decision by the Refugee Tribunal to confirm the dismissal of their application for a protection visa. The dismissal had occurred because the applicant failed to attend a scheduled hearing before the Tribunal.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the applicant's protection visa application, given the applicant's failure to attend the hearing and their subsequent failure to apply for reinstatement within the prescribed 14-day period.

The Tribunal reasoned that under the relevant legislative provisions, if an applicant fails to attend a hearing and does not apply for reinstatement within the specified timeframe, the Tribunal must confirm the decision to dismiss the application. As the applicant did not meet the criteria for reinstatement, the Tribunal was bound to affirm the dismissal. The Tribunal therefore confirmed its earlier decision to dismiss the application.