Zangmo v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

In *Zangmo v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs*, heard before Judge Lucev of the Federal Circuit and Family Court of Australia, the applicants, citizens of Bhutan, sought judicial review of a decision by the Administrative Appeals Tribunal that refused their Subclass 187 (Regional Employer) visa. The central dispute revolved around the applicants' failure to appear at the scheduled hearing and the adequacy of the material provided to explain their absence.

The court was required to determine whether the applicants should be granted a further opportunity to make submissions and appear at a hearing, given their non-appearance and the submission of an affidavit and a bare medical certificate purportedly due to illness. This involved considering the court's discretion to grant an adjournment and the principles governing the conduct of judicial review proceedings, particularly where parties are unable to attend.

Judge Lucev reasoned that while the applicants had failed to appear, the provided medical certificate, though lacking detail, coupled with the affidavit, suggested a genuine impediment to attendance. The court exercised its discretion to grant an adjournment, affording the applicants a further opportunity to present their case. This decision underscored the principle that courts should, where possible, allow parties to present their arguments, especially in migration matters, while also managing the court's process efficiently. The court ordered the hearing to be adjourned to a later date, granting the applicants leave to appear in person, by video link, or by telephone, and reserved costs. Directions were also given for the filing and service of written submissions by both parties.