Hossain v Minister for Immigration

In *Hossain v Minister for Immigration*, the applicant sought judicial review of a decision by the Migration Review Tribunal to cancel their Subclass 856 visa. The matter came before Judge Dowdy of the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether to proceed with the hearing of the application for review in circumstances where the applicant had failed to appear. This failure to appear was in the context of evidence before the Court indicating that the applicant had departed Australia and no longer had legal representation.

Judge Dowdy dismissed the application. The Court reasoned that in the absence of the applicant or their legal representative, and with no indication of an intention to pursue the review, there was no basis upon which the Court could proceed. The Court applied the general principle that an applicant must actively pursue their case, and a failure to appear without explanation or representation leads to dismissal.