2014467 (Refugee)

The applicant, a citizen of China, sought review of a decision by the Refugee Tribunal to dismiss their application for a protection visa. The applicant failed to appear at the scheduled hearing before the Tribunal.

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 subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal applied the relevant procedural rules, which stipulated that if an applicant does not apply for reinstatement within 14 days of a dismissal for non-appearance, the Tribunal must confirm the dismissal. As no such application for reinstatement was made, the Tribunal was bound to confirm its earlier decision to dismiss the application. Consequently, the decision under review was taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application.