DLN19 v Minister of Immigration

DLN19 and another applicant sought judicial review of a decision made by the Administrative Appeals Tribunal (AAT). The applicants had failed to appear before the AAT for their hearing. The core of the dispute concerned whether the AAT had acted unreasonably in proceeding to determine the application without taking further steps to allow or enable the applicants to appear.

The Federal Circuit and Family Court of Australia was required to determine whether the AAT had committed jurisdictional error by proceeding with the hearing in the absence of the applicants. Specifically, the court had to consider if the AAT's actions constituted an unreasonable failure to facilitate the applicants' appearance.

Judge Obradovic found that no jurisdictional error had been established. The court reasoned that the AAT had provided the applicants with notice of the hearing date. In the absence of any request for adjournment or explanation for their non-attendance, the AAT was entitled to proceed with the hearing. The court applied the principle that a tribunal is not generally required to take further steps to ensure an applicant's attendance when adequate notice has been given and no mitigating circumstances are presented. The application for judicial review was dismissed.