1726776 (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 applicant had failed to appear before the Tribunal, leading to the initial dismissal of their application. Subsequently, the applicant did not apply for reinstatement of their application within the prescribed 14-day period.

The central legal issue before the Tribunal was whether it was required to confirm the dismissal of the application, given the applicant's failure to apply for reinstatement within the stipulated timeframe.

The Tribunal applied the relevant legislative provisions which mandate the confirmation of a dismissal decision when an applicant fails to seek reinstatement within the specified period. As the applicant did not avail themselves of the opportunity to apply for reinstatement, the Tribunal was bound by law to confirm the earlier decision to dismiss the application. Consequently, the decision under review was taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application.