1731560 (Refugee)

The applicant, a citizen of China, sought review of a decision by the Refugee Tribunal. The applicant failed to appear at the scheduled hearing for their protection visa application, leading to its dismissal by the Tribunal. 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 seek reinstatement within the stipulated timeframe. The Tribunal was also required to determine the consequence of this failure on the decision under review.

The Tribunal reasoned that its own rules and procedures mandated the confirmation of a dismissal if an application for reinstatement was not filed within 14 days of the dismissal. As this condition was not met by the applicant, the Tribunal was bound to confirm its earlier decision. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.