1830642 (Refugee)

The applicant, a citizen of China, sought review of a decision by the Refugee Review Tribunal (RRT) to affirm the refusal of a protection visa. The applicant had failed to attend a scheduled hearing before the RRT, which led to the RRT dismissing the application for review. The Federal Court was asked to determine whether the RRT's decision to dismiss the application for review was affected by an error of law.

The primary legal issue before the Federal Court was whether the RRT had properly exercised its discretion under section 424A of the *Migration Act 1958* (Cth) when it decided to proceed with the review without the applicant's attendance. Specifically, the court considered whether the RRT had adequately considered the information available to it regarding the applicant's failure to attend, and whether it had given the applicant a reasonable opportunity to explain their absence.

Justice Russo found that the RRT had not erred in law. The RRT had considered the available information, including the applicant's written submissions and the fact that the applicant had been notified of the hearing date. The RRT had also noted that the applicant had not provided any explanation for their absence prior to the hearing. The court affirmed the legal principle that a tribunal is entitled to proceed with a review if it is satisfied that the applicant has been notified of the hearing and has not provided a satisfactory explanation for their non-attendance.

The application for review was therefore affirmed.