1722235 (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, which led to the dismissal of their application. Subsequently, no application for reinstatement of the dismissed application was filed within the prescribed timeframe.

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 their subsequent failure to seek reinstatement. The Tribunal was also required to determine the consequence of this failure on the decision under review.

The Tribunal applied the principle that where an applicant fails to apply for reinstatement of a dismissed application within the 14-day period stipulated by the relevant rules or legislation, the Tribunal must confirm the decision to dismiss the application. This confirmation means that the original decision under review is taken to be affirmed.

Consequently, the Tribunal confirmed its decision to dismiss the application.