Shi v Minister for Immigration

The applicant, Shi, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) concerning an application for a Medical Treatment (Visitor) (Class UB) visa. The AAT had dismissed Shi's application due to a non-appearance before the Tribunal. Shi subsequently failed to appear at a hearing before the Federal Court.

The primary legal issues before the Federal Court were whether the AAT had reasonably exercised its power under section 362B of the *Migration Act 1958* (Cth) in proceeding with the review in Shi's absence, and whether there was an adequate explanation for Shi's failure to appear before the Court. The Court also considered whether the AAT had complied with its statutory obligations in conducting the review.

Justice Street found that there was no adequate explanation for Shi's failure to appear before the Court. Furthermore, the Court determined that there was no utility in setting aside the AAT's decision, as the circumstances did not warrant such an intervention. Consequently, the application before the Federal Court was dismissed.