Joshi (Migration)

The applicant, Mr. Joshi, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) affirming the refusal of his Subclass 187 (Regional Sponsored Migration Scheme) visa application. The visa was sought under the Direct Entry stream, with the applicant having an approved nomination for the occupation of Café or Restaurant Manager. The AAT had affirmed the delegate's decision to refuse the visa.

The primary legal issue before the court was whether the AAT had erred in law by affirming the delegate's decision to refuse the visa, particularly in circumstances where the applicant had not responded to a section 359A notice issued by the Tribunal and was therefore not entitled to appear before it. This involved considering the Tribunal's obligations under the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth) when dealing with applications where a section 359A notice has been issued.

The court reasoned that the Tribunal was entitled to proceed with the review of the application without an oral hearing, given the applicant's failure to respond to the section 359A notice. The notice clearly informed the applicant of the potential consequences of non-response, including the possibility of the Tribunal making a decision without an oral hearing. The Tribunal's decision was based on the material before it, and there was no indication that the Tribunal failed to consider relevant information or applied the wrong legal test. The court found no error of law in the Tribunal's determination.

The application for judicial review was dismissed.