Xiongjie (Migration)

The applicant, Xiongjie, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal of her application for a Medical Treatment (Visitor) (Class UB) visa, subclass 602. The applicant had failed to attend the hearing before the AAT, and the Tribunal had proceeded to make its decision in her absence.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the AAT had erred in law by affirming the refusal of the visa application. This involved considering whether the AAT had properly assessed the applicant's claims and whether it had adequately considered all relevant factors in reaching its decision, particularly in light of the applicant's failure to attend the hearing and provide supporting medical evidence.

Justice Gagliardi found that the AAT had not erred in law. The Tribunal had correctly identified that the applicant was an unlawful non-citizen at the time of the decision. Furthermore, the AAT had considered the lack of medical evidence provided by the applicant, her non-genuine intention to stay temporarily in Australia, her adverse migration history, and her past lack of compliance. The Tribunal's conclusion that the applicant did not satisfy the criteria for the visa, including the requirement to maintain ongoing residence in Australia, was therefore open to it on the evidence before it. The application for judicial review was dismissed.