Gampola v Minister for Immigration

The applicants, Hennananyake Mudiyanelage Binendra Bandara Gampola and his family, sought judicial review of a decision by the Administrative Appeals Tribunal (the Tribunal). The Tribunal had confirmed its earlier decision to dismiss the applicants' application for review of a visa refusal. The applicants had failed to attend a scheduled hearing before the Tribunal, leading to the initial dismissal. The applicants contended that the Tribunal had committed jurisdictional error in its decisions.

The primary legal issues before the Federal Circuit Court were whether the Tribunal had properly exercised its power to dismiss the applicants' review application for non-appearance, and whether it had acted reasonably in refusing to reinstate the application after the applicants sought to do so. The applicants argued that the Tribunal had failed to consider relevant factors, breached natural justice and procedural fairness, and made an improper exercise of its power.

Justice Kendall found that the Tribunal had properly exercised its power to dismiss the application for non-appearance under section 362B(1A)(b) of the Migration Act 1958 (Cth). The Court was satisfied that the applicants had been validly invited to the hearing, had failed to attend, and had been provided with the required notifications and information regarding their right to seek reinstatement. The Court also found that the Tribunal had acted reasonably in confirming the dismissal decision, as the applicants' reasons for non-attendance and their subsequent application for reinstatement lacked sufficient supporting evidence, such as medical documentation, to justify overturning the initial decision. The Court concluded that no jurisdictional error had occurred.

Consequently, the Court dismissed the applicants' application for judicial review. The applicants were also ordered to pay the first respondent's costs fixed in the sum of $5,500.