Li v Minister for Immigration

The applicant, Ms Li, sought judicial review of a decision by the Migration Review Tribunal (MRT) to refuse her application for a Medical Treatment (Visitor) visa. The dispute arose after the MRT proceeded with a hearing and made a decision in Ms Li's absence, despite her inability to attend due to her sister's critical medical condition and her role as her sister's sole caregiver. The matter came before Emmett J of the Federal Court of Australia.

The primary legal issues before the Court were whether the MRT had unreasonably failed to adjourn its proceedings and exercise its discretion under s 363(1)(b) of the *Migration Act 1958* (Cth), and whether it had unreasonably failed to reschedule its proceedings and exercise its discretion under s 362B(2) of the Act. These grounds of review centred on the MRT's decision to proceed with the hearing without the applicant or her representative, and without considering the applicant's personal circumstances and the difficulties in obtaining further medical evidence.

Emmett J found that the MRT had unreasonably failed to adjourn its proceedings. His Honour noted that the applicant's inability to attend the hearing was due to compelling compassionate circumstances, including her role as the sole full-time carer for her sister who was undergoing complex medical treatment. The Court considered that the MRT had not adequately regard to the applicant's personal circumstances, the difficulties in obtaining timely medical evidence regarding her sister's prognosis, and the applicant's limited English proficiency and lack of support network in Australia. The failure to grant an adjournment or reschedule the hearing, in these circumstances, meant the applicant was denied a proper opportunity to present her case, effectively dooming her application for review.

The Court ordered that the decision of the Migration Review Tribunal be set aside and remitted to the Tribunal for redetermination according to law.