DFM16 v Minister for Immigration

DFM16 sought judicial review of a decision made by the Administration Appeals Tribunal. The applicant did not appear at the hearing of the review application.

The primary legal issue before the Court was whether it had the power to proceed with the hearing of the judicial review application in the absence of the applicant.

Justice Barnes reasoned that the Court's power to hear and determine applications for judicial review under the *Administrative Decisions (Judicial Review) Act 1977* (Cth) is not contingent on the applicant's appearance at the hearing. The Court has the inherent jurisdiction to manage its own proceedings and, in the absence of the applicant, may proceed to consider the merits of the application based on the material before it, or dismiss the application if it is found to be without merit. In this instance, the Court considered the material and found no grounds for review.

The application for judicial review was dismissed.