2017372 (Refugee)

The applicant, an Eritrean national seeking a protection visa, failed to appear at a hearing before the Administrative Appeals Tribunal. The Tribunal dismissed the application due to the applicant's non-appearance. The applicant did not subsequently apply for reinstatement of the 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 seek reinstatement within the stipulated timeframe. The Tribunal was also required to determine the consequence of this failure on the decision under review.

The Tribunal applied the principle that where an applicant fails to apply for reinstatement of a dismissed application within the statutory period, the Tribunal must confirm the dismissal. Consequently, the decision under review is taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.