1705427 (Refugee)

The applicant, a citizen of Afghanistan, sought review of the Minister's decision to refuse to grant a protection visa. The applicant alleged that they had not received a request for additional information from the Department of Home Affairs, which was a prerequisite for attending a hearing. The Administrative Appeals Tribunal (AAT) dismissed the application, finding that the applicant had not provided sufficient evidence to support their claim of non-receipt.

The primary legal issue before the AAT was whether the applicant had discharged their onus to demonstrate that they had not received the request for additional information, and consequently, whether the Tribunal had erred in dismissing the application without a hearing. The Tribunal was required to consider the evidence presented by both the applicant and the Department regarding the communication of the request.

The Tribunal found that the applicant had failed to provide any credible evidence to substantiate their assertion of non-receipt. The Tribunal noted that the Department had provided evidence of the request being sent to the applicant's last known address. In the absence of any supporting evidence from the applicant, the Tribunal concluded that the applicant had not met their evidentiary burden and therefore dismissed the application.