Ryder and Minister for Immigration, Citizenship, and Multicultural Affairs (Migration)

The applicant, Ryder, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) to dismiss his application for a Class TY Subclass 444 Special Category (Temporary) visa. The Minister for Immigration, Citizenship, and Multicultural Affairs was the respondent. The AAT had dismissed the application pursuant to section 42A(2)(a) of the *Administrative Appeals Tribunal Act 1975* (Cth) due to the applicant's non-appearance.

The central legal issue before the Tribunal was whether the dismissal of the applicant's visa application for non-appearance was a valid exercise of the Tribunal's power under section 42A(2)(a) of the *Administrative Appeals Tribunal Act 1975* (Cth).

The Tribunal applied section 42A(2)(a) of the *Administrative Appeals Tribunal Act 1975* (Cth), which permits the Tribunal to dismiss an application if the applicant fails to appear before it when notified to do so. The Tribunal found that the applicant had failed to appear, and therefore, the power to dismiss the application was enlivened. The Tribunal noted that should the applicant seek reinstatement of his application, it would be appropriate for him to pay the application fee. The Tribunal formally dismissed the application pursuant to section 42A(2)(a) of the *Administrative Appeals Tribunal Act 1975* (Cth).