1836208 (Refugee)

The applicant, a citizen of Vietnam, sought a protection visa. The Refugee Tribunal dismissed the applicant's application due to their non-appearance. The applicant failed to apply for reinstatement of the application within the prescribed 14-day period following the dismissal.

The central legal issue before the Tribunal was whether the decision to dismiss the application should be affirmed, given the applicant's failure to seek reinstatement within the statutory timeframe.

The Tribunal applied the principle that where an applicant fails to apply for reinstatement of a dismissed application within the 14-day period, the Tribunal is mandated to confirm the decision to dismiss the application. Consequently, the decision under review is taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.