1706014 (Refugee)

The applicant sought review of a decision by the Department of Home Affairs to refuse to grant a protection visa. The applicant did not appear at the scheduled hearing before the Administrative Appeals Tribunal, nor did they provide a valid reason for their non-appearance. Consequently, the Tribunal dismissed the application. The applicant then sought judicial review of the Tribunal's decision.

The primary legal issue before the court was whether the Tribunal had erred in law by dismissing the applicant's application for a protection visa without a hearing, and whether there was a valid reason for the applicant's failure to attend the hearing. The court was required to consider the provisions of the *Administrative Appeals Tribunal Act 1975* (Cth) and any relevant regulations or practice directions concerning non-appearance at hearings.

The court affirmed the Tribunal's decision, finding that the applicant had failed to provide a valid reason for their non-appearance at the hearing. The Tribunal was therefore entitled to dismiss the application in accordance with its procedural rules. The court concluded that no error of law had been demonstrated in the Tribunal's decision-making process.

The decision of the Administrative Appeals Tribunal to dismiss the application was confirmed, and the decision under review was affirmed.