2013910 (Refugee)

The applicant, a citizen of China, sought a protection visa. The Refugee Tribunal dismissed the applicant's application for failing to attend a scheduled hearing. The applicant did not apply for reinstatement of the application within the prescribed 14-day period following the dismissal. The decision under review was the Tribunal's confirmation of the dismissal.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the applicant's protection visa application, given the applicant's failure to seek reinstatement within the statutory timeframe.

The Tribunal applied the relevant legislative provisions which mandate the confirmation of a dismissal decision if an applicant fails to apply for reinstatement within the specified period. As the applicant did not make such an application, the Tribunal was bound to confirm its earlier decision to dismiss the application. Consequently, the decision under review was affirmed.