2012760 (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 primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application, given the applicant's non-appearance and the subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal applied the principle that where an applicant fails to appear at a hearing and does not seek reinstatement within the stipulated 14-day period, the Tribunal must confirm its decision to dismiss the application. In this instance, as no application for reinstatement was made, the Tribunal was bound to confirm the dismissal. The decision under review was therefore affirmed. The Tribunal confirmed the decision to dismiss the application.