FZD18 v Minister for Immigration

The applicants sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the Delegate of the Minister for Immigration's refusal to grant them Protection (Class XA) (Subclass 866) visas. The matter came before Dowdy J in the Federal Court of Australia.

The central legal issue before the Court was whether the AAT had committed a jurisdictional error in its decision-making process. Specifically, the applicants contended that the Tribunal erred in proceeding to make its decision without their attendance at a scheduled hearing, despite their indication that they did not wish to attend and preferred the Tribunal to decide based on the existing material.

Dowdy J found no jurisdictional error. The Court reasoned that the applicants, by explicitly informing the Tribunal of their desire not to attend the hearing and requesting a decision on the available materials, had effectively waived their right to a hearing. The Tribunal was therefore entitled to proceed on the basis of the material before it, as the applicants had not been denied an opportunity to be heard but had voluntarily foregone that opportunity. The Court applied the principle that a party cannot complain of an error which they themselves invited or consented to.

The application for judicial review was dismissed.