1826328 (Refugee)

The applicant, a citizen of Vietnam, sought review of a decision by the Refugee Tribunal to dismiss their application for a protection visa. The matter came before the Tribunal for determination.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the applicant's application for review, 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, an application for review that is dismissed due to the applicant's non-appearance can only be reinstated if an application for reinstatement is made within 14 days of the dismissal. As no such application was filed by the applicant, the Tribunal was bound to confirm its 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.