1826727 (Refugee)

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

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 appear and subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal reasoned that under the relevant legislative provisions, where 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 the applicant did not make such an application, the Tribunal was bound to affirm its earlier decision.

The Tribunal confirmed the decision to dismiss the application.