1908409 (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 primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application for review, given the applicant's non-appearance and the subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal applied the relevant procedural rules, which stipulated that if an applicant does not apply for reinstatement within 14 days of a dismissal for non-appearance, the Tribunal must confirm the dismissal. As no such application for reinstatement was made by the applicant, the Tribunal was bound to confirm its earlier decision to dismiss the application for review. Consequently, the decision under review was taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application.