SHEEH v Minister for Immigration & Border Protection

The applicant, Ms. Shee, sought judicial review of a decision by the Migration Review Tribunal (MRT) to affirm the Minister for Immigration and Border Protection's refusal to grant her a visa. The primary dispute concerned the MRT's dismissal of Ms. Shee's application for review due to her failure to appear at a scheduled hearing. The matter came before Emmett J of the Federal Circuit Court of Australia.

The central legal issue before the Court was whether the MRT had erred in law by dismissing Ms. Shee's application for review pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth), which permits dismissal for non-appearance at a hearing. This required the Court to consider the proper application of that rule in the context of migration review proceedings and whether any procedural fairness obligations were breached.

Emmett J found that the MRT had not erred in law. His Honour noted that the applicant had been provided with notice of the hearing date and time, and that the rule in question allowed for dismissal where a party fails to appear. The Court determined that the MRT was entitled to proceed with the dismissal in the absence of any explanation or request for adjournment from the applicant. The application for judicial review was therefore dismissed.