1718130 (Refugee)

The applicant sought judicial review of a decision by the Refugee Tribunal to dismiss their application for a protection visa. The core of the dispute concerned the applicant's failure to attend a scheduled hearing before the Tribunal and their subsequent failure to apply for reinstatement of their application within the prescribed 14-day period.

The primary legal issue before the Tribunal was whether it was compelled to confirm the dismissal of the applicant's protection visa application, given the applicant's failure to comply with the procedural requirements for reinstatement. This required the Tribunal to consider the effect of the applicant's inaction within the statutory timeframe.

The Tribunal reasoned that, as the applicant had not applied for reinstatement within the 14-day period stipulated by the relevant legislation, it was mandated to confirm the decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Tribunal therefore confirmed its earlier decision to dismiss the application.