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

This matter concerned an application by the applicant, Mr. Zhang, to set aside orders previously made in his absence by the Federal Circuit Court of Australia. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs was the first respondent. The core of the dispute revolved around whether Mr. Zhang had provided an adequate explanation for his failure to appear at the hearing where the original orders were made, and whether his application would have merit if that failure were excused.

The legal issues before the Court were whether the applicant had demonstrated exceptional reasons for his non-appearance, and if so, whether his underlying application for a Subclass 573 visa had merit. Specifically, the Court had to consider the interpretation of clauses 573.227 and 573.227A of the Migration Regulations 1994, which relate to the criteria for granting a Higher Education visa. The Court also had to determine the significance of "Streamlined Visa Processing" (SVP) requirements and their impact on the assessment level for a student visa.

The Court found that the applicant had not provided an adequate explanation for his absence. Consequently, the Court did not proceed to consider the merits of his underlying visa application. The Court's reasoning focused on the threshold requirement of demonstrating exceptional reasons for non-appearance before delving into the substantive legal arguments regarding visa criteria. The Court ultimately dismissed the applicant's application to set aside the previous orders.

The application filed by the applicant on 14 December 2020 was dismissed. Furthermore, the applicant was ordered to pay the first respondent's costs in the amount of $700.