1903127 (Refugee)

The applicant sought review of a decision by the Refugee Tribunal to dismiss their application for a protection visa. The Tribunal had dismissed the application due to the applicant's failure to attend a scheduled hearing. The applicant subsequently failed to apply for reinstatement of their application within the prescribed 14-day period.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal decision, given the applicant's failure to seek reinstatement within the statutory timeframe. The Tribunal was also required to determine the consequence of this failure on the review of the dismissal decision.

The Tribunal applied the relevant legislative provisions which mandated the confirmation of a dismissal decision where an applicant fails to apply for reinstatement within the specified period. As the applicant did not meet this requirement, the Tribunal was bound to confirm the dismissal. Consequently, the decision under review was taken to be affirmed.

The Tribunal confirmed the decision to dismiss the applicant's application for a protection visa.