Bor18 v Minister for Home Affairs

Bor18 (the applicant) sought judicial review of a decision made by the Administrative Appeals Tribunal (AAT). The AAT had dismissed the applicant's application for review of a decision made by the Minister for Home Affairs. The dismissal occurred because neither the applicant nor their representative appeared at a scheduled hearing before the AAT.

The primary legal issue before the Federal Circuit Court was whether the AAT had erred in dismissing the applicant's application for review pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth). This rule permits a court or tribunal to dismiss an application if a party fails to appear at a scheduled hearing.

Emmett J found that the AAT had not erred in its application of rule 13.03C(1)(c). The judge reasoned that the applicant had been given proper notice of the hearing date and time, and there was no evidence to suggest that the applicant had a valid reason for their non-appearance. Consequently, the AAT was entitled to proceed with the dismissal of the application. The application for judicial review was dismissed.