1917716 (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, which led to the dismissal of their application. The applicant subsequently failed to lodge an application for reinstatement of their dismissed application 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 seek reinstatement within the stipulated timeframe. The Tribunal was therefore required to determine the legal consequences of the applicant's non-appearance at the hearing and their subsequent inaction.

The Tribunal applied the relevant procedural rules which mandate confirmation of a dismissal where an application for reinstatement is not filed within the specified period. As the applicant did not apply for reinstatement within the 14 days, the Tribunal was obliged to confirm its earlier decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.