Chen (Migration)

In *Chen (Migration)*, the applicant, Mr Chen, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal of his application for a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)). The refusal stemmed from the Department of Immigration and Border Protection's decision to refuse Mr Chen's visa application following the refusal of an approved nomination.

The primary legal issue before the court was whether the AAT had erred in law by affirming the delegate's decision to refuse the visa application without providing Mr Chen with an opportunity to appear before the Tribunal. This arose because Mr Chen had not responded to an invitation to provide further information, which the AAT considered a failure to comply with the procedural requirements for a hearing.

The court considered the provisions of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth) concerning the requirements for visa applications and the AAT's review powers. It was held that the AAT's decision to affirm the delegate's refusal without allowing Mr Chen to appear was not an error of law. The court reasoned that the applicant had been afforded an opportunity to provide information, and his failure to do so meant he was not entitled to appear before the Tribunal under the relevant regulations. The AAT was therefore entitled to proceed with the review based on the information before it.

The application for judicial review was dismissed.