Patel (Migration)

The applicant, Mr. Patel, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) to dismiss his appeal concerning a refusal to grant him a Medical Treatment (Visitor) (Class UB) visa, subclass 602. The AAT's decision was made after Mr. Patel failed to attend a hearing that had been scheduled by the Tribunal.

The central legal issue before the Federal Circuit and Family Court of Australia was whether the AAT had erred in dismissing Mr. Patel's appeal without a hearing, specifically in light of the invitation sent to him pursuant to section 379A(5) of the *Migration Act 1958* (Cth). The court was required to determine if the AAT had properly exercised its discretion in proceeding to dismiss the appeal on the basis of the applicant's non-attendance.

Justice Brophy found that the AAT had correctly applied section 379A(5) of the *Migration Act*. This provision allows the Tribunal to proceed with a hearing and make a decision in the absence of a party if it is satisfied that the party was given an invitation to attend the hearing. The evidence before the court indicated that an invitation had been sent to Mr. Patel, and there was no material to suggest that he had not received it or that there were any exceptional circumstances justifying his non-attendance. Consequently, the AAT was entitled to dismiss the appeal.

The application for judicial review was dismissed.