1916913 (Refugee)

The applicant sought review of a decision to dismiss their application for a protection visa. The Tribunal had previously dismissed the application due to the applicant's failure to attend a scheduled hearing. The applicant did not apply for reinstatement of their application within the prescribed 14-day period following the dismissal.

The primary legal issue before the Tribunal was whether the decision to dismiss the application should be confirmed, given the applicant's failure to seek reinstatement within the statutory timeframe. The Tribunal was required to determine the legal consequence of this failure to act.

The Tribunal applied the principle that where an applicant fails to apply for reinstatement of a dismissed application within the specified period, the Tribunal must confirm the dismissal. Consequently, the decision under review, which was the dismissal of the protection visa application, was taken to be affirmed. The Tribunal confirmed its prior decision to dismiss the application.