Sandhu v Minister for Immigration

This matter concerned an application for judicial review brought by the applicant, Mr Sandhu, against the Minister for Immigration. The dispute arose from the Migration Review Tribunal's (MRT) decision to proceed with a hearing and make a determination in the applicant's absence, after refusing his request for an adjournment due to alleged severe back pain. The application was heard by Judge Street.

The applicant sought to challenge the MRT's decision on several grounds, primarily alleging jurisdictional error. These grounds included claims that the Department of Immigration and Border Protection (DIBP) erred in refusing his student visa, thereby affecting his career ambitions. Crucially, the applicant contended that the MRT denied him a right of review by refusing to postpone his hearing due to his medical condition and by making a decision in his absence without affording him an adequate opportunity to present his arguments.

Judge Street found that grounds 1, 2, and 3 of the application failed to articulate any arguable jurisdictional error. Regarding ground 4, the Court noted that the assertion of being "dying" from back pain was unsupported by any medical evidence. The applicant had obtained a medical certificate on 26 May 2015, indicating he was well enough to do so, yet offered no explanation for his failure to obtain further medical evidence or to contact the Tribunal regarding his adjournment request. The Court observed that the Tribunal had attempted to contact the applicant by telephone and that the applicant had not followed up on this communication or sought to attend the hearing, either in person or by telephone. Consequently, the Tribunal's refusal to adjourn and its decision to proceed were found to be reasonable in the circumstances, and no jurisdictional error was established.