1812133 (Refugee)

The applicant, a citizen of China, sought review of the Refugee Tribunal's decision to dismiss their application for a protection visa. The applicant did not appear at the scheduled hearing before the Tribunal, and their subsequent application for reinstatement of the visa application was declined. The applicant claimed a vehicular breakdown prevented their attendance at the hearing, but the Tribunal found a paucity of documentary evidence to support this claim.

The primary legal issue before the Tribunal was whether the applicant had provided sufficient evidence to establish a compelling reason for their non-appearance at the hearing, thereby justifying the reinstatement of their protection visa application. The Tribunal was required to consider the applicant's explanation for their absence and the documentary evidence, or lack thereof, presented to substantiate that explanation.

The Tribunal reasoned that the applicant had failed to discharge their evidentiary burden. The explanation of a vehicular breakdown was not adequately supported by credible documentary evidence. In the absence of such evidence, the Tribunal concluded that there was no compelling reason to reinstate the application. Consequently, the Tribunal confirmed the original decision to dismiss the application for a protection visa. The decisions under review were therefore affirmed.