2003805 (Refugee)

The applicant sought review of a decision by the Refugee Tribunal concerning a protection visa. The applicant failed to appear at the hearing of their application for review. Consequently, the Tribunal dismissed the application. The applicant did not subsequently apply for reinstatement of the 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 for review, given the applicant's failure to appear and subsequent failure to seek reinstatement. The Tribunal was also required to determine the consequence of this confirmation on the decision under review.

The Tribunal applied the principle that where an applicant fails to apply for reinstatement within the stipulated timeframe following a dismissal for non-appearance, the Tribunal must confirm the dismissal. This confirmation means that the decision under review is treated as having been affirmed. The Tribunal confirmed its earlier decision to dismiss the application for review.