Rojas Barrientos (Migration)

The applicant, Rojas Barrientos, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal of a Medical Treatment (Visitor) (Class UB) visa, subclass 602. The AAT's decision was made following the applicant's failure to respond to an invitation issued under s 359(2) of the *Migration Act 1958* (Cth), which resulted in the loss of their entitlement to a hearing before the Tribunal.

The primary legal issue before the Federal Court was whether the AAT had erred in law by affirming the refusal of the visa application without providing the applicant with a hearing, despite the applicant's stated reasons for not responding to the s 359(2) invitation, namely depression and gastroesophageal disease. The Court also considered whether the AAT had adequately considered the applicant's circumstances in light of these health conditions.

Justice Moustafine found that the AAT had not erred in law. Her Honour noted that the applicant had been provided with a clear invitation under s 359(2) and had failed to respond within the stipulated timeframe. While acknowledging the applicant's stated health issues, the Court held that these did not, in themselves, excuse the failure to respond to the statutory notice. The AAT was entitled to proceed with the review on the available information, and there was no legal requirement for the Tribunal to further investigate the applicant's health or to grant an extension of time in the absence of a formal request or sufficient explanation for the delay. The Court therefore affirmed the AAT's decision.