2312640 (Refugee)

The applicant sought review of a decision by the Refugee Tribunal concerning a protection visa in relation to the United States of America. The applicant did not appear at the hearing of the review application.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application for review, given the applicant's failure to appear and the subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal reasoned that under its procedural rules, where an applicant fails to appear at a hearing and does not apply for reinstatement within 14 days of the dismissal, the Tribunal must confirm the decision to dismiss the application. Consequently, the decision under review is taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.