1934303 (Refugee)

The applicant sought a protection visa. The primary dispute concerned the applicant's failure to attend a hearing before the Refugee Tribunal and their subsequent failure to apply for reinstatement of their application within the prescribed 14-day period. The decision under review was made by the Refugee Tribunal.

The central legal issue before the Tribunal was whether the applicant's failure to apply for reinstatement within the 14-day period mandated the affirmation of the decision to dismiss their protection visa application.

The Tribunal applied the principle that where an applicant fails to seek reinstatement of their application within the statutory timeframe following a dismissal, the original decision to dismiss the application is taken to be affirmed. As the applicant did not apply for reinstatement within the 14-day period, the Tribunal was obliged to confirm the dismissal. The Tribunal confirmed the decision to dismiss the application.