1718915 (Refugee)

The applicant sought review of a decision by the Refugee Tribunal concerning a protection visa. The applicant failed to appear at the hearing before the Tribunal. Consequently, the Tribunal dismissed the application. The applicant did not subsequently 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 appear and subsequent failure to seek reinstatement.

The Tribunal applied the relevant procedural rules which stipulated that where an applicant fails to apply for reinstatement within the specified timeframe following a dismissal for non-appearance, the Tribunal must confirm the dismissal. This confirmation means the original decision is taken to be affirmed. The Senior Member confirmed the Tribunal's decision to dismiss the application.