1821152 (Refugee)

The applicant sought review of a decision by the Refugee Tribunal to dismiss their application for a protection visa. The dismissal occurred due to the applicant's failure to attend a scheduled hearing.

The primary legal issue before the Tribunal was whether it was required to affirm the decision to dismiss the application, given the applicant's failure to attend the hearing and their subsequent failure to apply for reinstatement within the prescribed 14-day period.

The Tribunal applied the principle that where an applicant fails to apply for reinstatement of a dismissed application within the statutory timeframe, the decision to dismiss the application is taken to be affirmed. As the applicant did not make such an application, the Tribunal was bound to confirm the original decision.

The Tribunal confirmed the decision to dismiss the application.