Che15 v Minister for Immigration

The applicant, Che15, sought judicial review of a decision made by the Administrative Appeals Tribunal (AAT). The Minister for Immigration was the respondent. The application was heard in the Federal Circuit Court of Australia before Judge Nicholls.

The primary legal issue before the Court was whether the applicant had established grounds for judicial review of the AAT's decision. This question arose in circumstances where neither the applicant nor their representative appeared at the hearing of the judicial review application.

Judge Nicholls noted that the Court has a discretion to dismiss an application for judicial review if the applicant fails to appear at the hearing. In this instance, no appearance was made by or on behalf of the applicant. Consequently, the Court was unable to consider any substantive arguments for review.

The application for judicial review was dismissed.