Giri v Minister for Home Affairs

In *Giri v Minister for Home Affairs*, the applicant sought judicial review of a decision made by the Administrative Appeals Tribunal (AAT). The dispute concerned the AAT's dismissal of the applicant's application for review of a decision made by the Minister for Home Affairs. The matter came before Judge Vasta in the Federal Circuit Court of Australia.

The primary legal issue before the Court was whether the AAT had erred in law by dismissing the applicant's application for review without holding a substantive hearing. Specifically, the Court was required to consider whether the AAT's finding that the applicant had "no arguable case" was a legally sound basis for dismissing the application at that stage.

Judge Vasta reasoned that the AAT had correctly applied the principles established in *Szymborski v Minister for Immigration and Border Protection* [2018] FCA 1000. This precedent dictates that a tribunal may dismiss an application for review if it is satisfied that there is no arguable case, provided that the applicant has been given a proper opportunity to present their case. In this instance, the applicant had been issued with a notice to show cause why the application should not be dismissed, and the Court found that the applicant's response did not demonstrate an arguable case.

Consequently, the Court ordered that the applicant's application be dismissed and that the applicant pay the costs of the First Respondent, fixed at $3,737.00.