Kadeh and Migration Agents Registration Authority (Migration)

This matter concerned an application for the reinstatement of a dismissed application for review before the Administrative Appeals Tribunal (AAT). The applicant, Mr. Kadeh, had his application for review dismissed under section 42A(2)(a) of the Administrative Appeals Tribunal Act 1975 (Cth) due to his failure to appear at the scheduled hearing. Mr. Kadeh subsequently sought an extension of time to apply for reinstatement, which was granted, and then filed a further statement asserting the dismissal was an error of law.

The Tribunal was required to determine whether it was appropriate to reinstate the application for review pursuant to sections 42A(9) or 42A(10) of the Act. Specifically, the Tribunal had to consider whether the applicant had provided sufficient grounds to demonstrate that reinstatement was appropriate, or that the dismissal had occurred in error. The applicant contended that he believed the filing of documents with the Federal Court would stay the AAT proceedings, and also raised a medical condition as a reason for his non-attendance, though no medical certificate was provided.

The Tribunal reasoned that the applicant's belief that Federal Court filings would automatically stay the AAT hearing was unreasonable and did not constitute a valid basis for reinstatement. The Tribunal noted that the applicant had been informed by the registry that such filings would not result in a stay. Furthermore, while the applicant claimed to have a medical condition, he failed to provide any supporting documentation to the Tribunal or the respondent, and the Tribunal found no indication that his health prevented his attendance. As no relevant error in the dismissal was identified, and the grounds for appropriateness under section 42A(9) were not met, the Tribunal refused the application for reinstatement.