1831618 (Refugee)

The applicant sought review of a decision to dismiss their application for a protection visa. The dispute arose because the applicant failed to attend a hearing before the Refugee Tribunal, and subsequently failed to apply for reinstatement of their application within the prescribed 14-day period. The matter came before the Refugee Tribunal for determination.

The primary legal issue before the Tribunal was whether it was required to confirm the decision to dismiss the applicant's protection visa application, given the applicant's failure to apply for reinstatement within the statutory timeframe.

The Tribunal's reasoning was based on the clear legislative requirement that where an applicant fails to apply for reinstatement within the 14-day period following the dismissal of their application, the Tribunal must confirm the decision to dismiss. Applying this principle, the Tribunal found that as the applicant had not made a timely application for reinstatement, the decision to dismiss their protection visa application was affirmed. The Tribunal confirmed the decision to dismiss the application.