1917802 (Refugee)

The applicant sought review of a decision by the Refugee Tribunal to dismiss their application for a protection visa. The applicant failed to attend a scheduled hearing, and subsequently did not apply for reinstatement of their application within the prescribed 14-day period.

The primary legal issue before the Tribunal was whether the applicant's failure to apply for reinstatement within the stipulated timeframe mandated the confirmation of the original decision to dismiss the application.

The Tribunal applied the principle that where an applicant fails to seek reinstatement of a dismissed application within the statutory period, the decision to dismiss stands and is affirmed. As the applicant did not make an application for reinstatement within the 14 days, the Tribunal was obliged to confirm the decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.