Singh v Minister for Immigration

Singh (the applicant) sought judicial review of a decision by the Administrative Appeals Tribunal (the Tribunal) to affirm the Minister for Immigration's refusal to grant the applicant a skilled visa. The applicant had failed to attend a scheduled hearing before the Tribunal.

The primary legal issue before the Federal Circuit Court was whether the Tribunal had erred in dismissing the applicant's application for review due to his non-attendance at the hearing, without affording him an opportunity to explain his absence. The court was required to consider the Tribunal's obligations under the *Administrative Appeals Tribunal Act 1975* (Cth) and the principles of procedural fairness.

Judge Cameron found that the Tribunal had failed to provide the applicant with procedural fairness. The Tribunal's practice of dismissing applications for non-attendance without first giving the applicant an opportunity to explain their absence was inconsistent with the requirements of natural justice. The court held that the Tribunal should have made reasonable efforts to contact the applicant or provide him with a further opportunity to attend before making a final decision to dismiss the application.

The court set aside the Tribunal's decision and remitted the matter to the Tribunal for redetermination according to law.