1935348 (Refugee)

The applicant 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 of the review application.

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 apply for reinstatement within the prescribed timeframe.

The Tribunal reasoned that under its procedural rules, an application dismissed for non-appearance would be confirmed if the applicant did not apply for reinstatement within 14 days. As no such application was made, the Tribunal was bound to 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 the decision to dismiss the application.