1719583 (Refugee)

The applicant, a citizen of China, sought a protection visa. The Refugee Tribunal dismissed the applicant's application for failing to attend a scheduled hearing. The applicant did not apply for reinstatement of the application within the prescribed 14-day period following the dismissal. The decision under review was the Tribunal's confirmation of the dismissal.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the protection visa application, given the applicant's failure to seek reinstatement within the stipulated timeframe.

The Tribunal applied the relevant legislative provisions which mandate the confirmation of a dismissal decision if an application for reinstatement is not made within 14 days. As the applicant did not meet this procedural requirement, the Tribunal was obliged to confirm the dismissal. Consequently, the decision under review, which was the confirmation of the dismissal, was affirmed.

The Tribunal confirmed the decision to dismiss the application.