2006832 (Refugee)

The applicant, a citizen of China, sought a protection visa. The Refugee Tribunal dismissed the applicant's application after they failed to attend a scheduled hearing. The applicant did not apply for reinstatement of their application within the prescribed 14-day period following the dismissal.

The Refugee Tribunal was required to determine whether it must confirm the decision to dismiss the application, given the applicant's failure to seek reinstatement within the statutory timeframe. The Tribunal was also required to determine whether, in these circumstances, the decision under review was to be taken as affirmed.

The Tribunal applied the relevant legislative provisions which mandated confirmation of a dismissal decision if an application for reinstatement was not made within the specified period. As the applicant had not met this procedural requirement, the Tribunal concluded that it was obliged to confirm the dismissal. Consequently, the decision under review was affirmed. The Tribunal confirmed the decision to dismiss the application.