2014188 (Refugee)

The applicant sought review of a decision by the Refugee Tribunal to dismiss their application for a protection visa. The applicant had failed to attend a scheduled hearing before the Tribunal, and subsequently failed to apply for reinstatement of their application within the prescribed 14-day period. The matter came before Member Gabrielle Deal of the Tribunal.

The central legal issue before the Tribunal was whether it was required to confirm the decision to dismiss the application, given the applicant's failure to apply for reinstatement within the statutory timeframe.

Member Deal reasoned that the relevant legislative provisions mandated confirmation of the dismissal decision where an application for reinstatement was not made within the 14-day period. Consequently, the Tribunal was obliged to confirm the decision to dismiss the application, which meant the decision under review was taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.