2013975 (Refugee)

The applicant, a citizen of China, sought review of a decision by the Refugee Tribunal concerning their application for a protection visa. The matter came before the Tribunal for a hearing, but the applicant did not appear. 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, given the applicant's failure to appear at the hearing and their subsequent failure to seek reinstatement. The Tribunal was also required to determine the consequence of these failures on the decision under review.

The Tribunal applied the relevant procedural rules which stipulated that if an applicant fails to apply for reinstatement within 14 days of a dismissal for non-appearance, the Tribunal must confirm the decision to dismiss the application. In accordance with these rules, the Tribunal confirmed its earlier decision to dismiss the application. This confirmation meant that the decision under review was taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application.