1917022 (Refugee)

The applicant, a citizen of China, sought review of a decision by the Refugee Tribunal to dismiss their application for a protection visa. The applicant did not appear at the hearing before the Tribunal, and consequently, their application was dismissed. No application for reinstatement of the dismissed application was subsequently filed 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 at the hearing and their subsequent failure to seek reinstatement. The Tribunal was also required to determine whether, in these circumstances, the decision under review was to be affirmed.

The Tribunal applied the relevant procedural rules which stipulated that where an applicant fails to appear at a hearing and does not apply for reinstatement within the specified timeframe, the Tribunal must confirm the decision to dismiss the application. This confirmation, in turn, means that the decision under review is taken to be affirmed. The Member noted that the applicant had not made an application for reinstatement within the 14-day period.

The Tribunal confirmed the decision to dismiss the application.