1909632 (Refugee)

The applicant sought review of a decision by the Refugee Tribunal to dismiss their application for a protection visa. The Tribunal confirmed its earlier decision to dismiss the application because the applicant failed to appear at the hearing and did not subsequently apply for reinstatement within the prescribed 14-day period.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application, given the applicant's failure to appear and their subsequent inaction. This involved considering the Tribunal's procedural rules regarding non-appearance and applications for reinstatement.

The Tribunal applied its own procedural rules, which stipulate that if an applicant fails to apply for reinstatement within 14 days of a dismissal for non-appearance, the Tribunal must confirm the dismissal. As this condition was not met by the applicant, the Tribunal was bound to confirm its earlier decision. Consequently, the decision under review was taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application.