1808413 (Refugee)

The applicant, a citizen of China, sought review of a decision by the Refugee Tribunal to dismiss their application for a protection visa. The applicant did not appear at the scheduled hearing before the Tribunal.

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 at the hearing and their subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal reasoned that under its procedural rules, if an applicant fails to appear at a hearing and does not apply for reinstatement within 14 days of the dismissal, the Tribunal must confirm the decision to dismiss the application. As no such application for reinstatement was made, 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.