1821043 (Refugee)

The applicant, a refugee, sought judicial review of a decision by the Refugee Tribunal to dismiss their application for a protection visa. The applicant did not appear before the Tribunal for their scheduled hearing.

The central legal issue before the court was whether the Refugee Tribunal had afforded the applicant a proper hearing invitation, as required by the relevant legislation, before proceeding to dismiss their application due to non-appearance.

Deputy President Redfern P considered the provisions of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth) concerning the notification of hearing dates and the consequences of non-attendance. The Tribunal's decision was quashed on the basis that the invitation to the hearing was not sent to the applicant's correct address, meaning the applicant did not have a proper opportunity to attend. The court reiterated the importance of procedural fairness in such matters.

The matter was remitted to the Refugee Tribunal to be heard and determined according to law.