DKU19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

This matter concerned an application by DKU19 (the applicant) for review of a decision made by the Administrative Appeals Tribunal (the Tribunal). The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the first respondent) was the other party. The application was heard in the Federal Circuit Court of Australia by Judge Driver.

The court was required to determine whether the Tribunal's decision to dismiss the applicant's application for review due to non-appearance, and its subsequent confirmation of that dismissal, were legally correct. Specifically, the court considered whether the Tribunal had properly exercised its discretion under s 426A(1A)(b) of the *Migration Act 1958* (Cth) to dismiss the application for non-attendance, and whether the confirmation of that dismissal was valid, particularly in light of the applicant's failure to apply for reinstatement within the prescribed time.

Judge Driver found that the Tribunal had properly invited the applicant to the hearing, and the applicant's failure to attend, despite receiving notification via letter to his agent and SMS messages, entitled the Tribunal to dismiss the application. The court noted that the applicant's purported explanation of illness was not persuasive. Furthermore, the applicant's request for reinstatement was made outside the 14-day time limit stipulated by s 426B(5) of the *Migration Act*, and the Tribunal correctly confirmed the dismissal. The court concluded that the applicant had failed to demonstrate an arguable case of jurisdictional error by the Tribunal.

Consequently, the court ordered that the applicant's application be dismissed pursuant to rule 44.12(1)(a) of the *Federal Circuit Court Rules 2001* (Cth). The applicant was also ordered to pay the first respondent's costs of the application in the sum of $3,737.