1906954 (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.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application, given the applicant's non-appearance and subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal applied the relevant legislative provisions which stipulate that where an applicant fails to appear at a hearing and does not apply for reinstatement within 14 days, 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 the decision under review.

The Tribunal confirmed the decision to dismiss the application.