1834039 (Refugee)

The applicant sought review of a decision by the Refugee Tribunal concerning a protection visa. The applicant failed to appear at the hearing for the review of this decision. The Refugee Tribunal subsequently dismissed the application for review.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application for review, given the applicant's failure to appear and the 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 must be reinstated within 14 days of the dismissal. As the applicant did not make such an application for reinstatement, 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.