MIGRATION - Visitor (Class FA) visa - Subclass 600 (Visitor) - dismissal decision - failure to attend Tribunal hearing after postponement - reinstatement request - no medical evidence provided - dismissal confirmed - decision under review affirmed

Administrative Review Tribunal Act 2024 (Cth), s 99

Migration Act 1958 (Cth), s 368B

1. This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 19 September 2023 to refuse to grant the visa applicant a Visitor (Class FA) Subclass 600 visa under the Migration Act 1958 (Cth) (the Act).
2. On 14 October 2025 the Tribunal dismissed the application under s 99 of the Administrative Review Tribunal Act 2024 (Cth) as the review applicant did not appear before it at the time and date of the scheduled hearing.
3. The review applicant was notified of the dismissal decision and given a copy of a written statement setting out the decision, in accordance with s 368B(5) of the Act. The review applicant was advised that reinstatement of the application could be sought within 28 days of receiving the dismissal statement and that a failure to apply for reinstatement within the 28 days period would result in confirmation of the dismissal decision.
4. The review applicant applied for reinstatement of the application within 28 days after receiving notice of the decision. For the following reasons, the Tribunal did not consider it appropriate to reinstate the application.
5. The history of this matter is described in the Statement of Reasons for the dismissal decision dated 14 October 2025. The relevant chronology is as follows:
   • 10 October 2023 Application for review lodged
   • 10 July 2025 Notice of Hearing on 12 August 2025 sent to the applicant

• 1 August 2025 Notice for Pre-Connection Test sent to the applicant
• 5 August 2025 SMS hearing reminder sent
• 6 August 2025 Applicant did not attend the pre-connection test

• 11 August 2025 SMS hearing reminder sent
• 12 August 2025 Applicant did not appear at hearing

• 8 September 2025 Applicant requests reinstatement
• 16 September 2025 Reinstatement granted

Notice of Hearing on 25 September 2025 sent to the applicant

• 17 September 2025 Notice for Pre-Connection Test sent to the applicant
• 18 September 2025 SMS hearing reminder sent
• 22 September 2025 Applicant did not attend the pre-connection test

Applicant requests postponement of hearing for 6-8 weeks

• 25 September 2025 Hearing postponement granted for 2 weeks

Applicant advised that medical evidence will be required for further postponement and that attendance will be required at next hearing to obtain further information for the review or discuss next steps.

• 26 September 2025 Notice of Hearing on 13 October 2025 sent to the applicant
• 3 October 2025 SMS hearing reminder sent
• 10 October 2025 SMS hearing reminder sent
• 12 October 2025 Applicant requests postponement of hearing
• 13 October 2025 Postponement of hearing not granted

Applicant advised that appearance required to obtain further information to progress the review or to discuss next steps, or medical evidence required to support postponement request

Applicant did not appear at hearing, no medical evidence provided

• 14 October 2025 Dismissal decision
• 10 November 2025 Applicant requests reinstatement; no medical evidence provided

1. This is the second time in this matter that the Tribunal has made a decision to dismiss the application for review for non-appearance. The history of the case shows the applicant has claimed to be suffering with health issues that have prevented him from preparing for the hearings, but he has provided no evidence of this despite specific requests by the Tribunal to do so, and assurances by him that he would.
2. The Tribunal has engaged with the applicant over some time to facilitate a hearing at which he could provide evidence to the Tribunal and has invited him to address his claimed health issues. The Tribunal has given the applicant opportunities for extensions of time and reinstated the review on one previous occasion. The applicant has twice been advised that the Tribunal requires evidence to support his claims to be suffering from a medical condition/s that has affected his preparation for the hearing. On 12 October 2025, in a written request for postponement, the applicant told the Tribunal he was under the care of a doctor, required further consultations, did not have medical certificates or reports, but would provide them as soon as they were available. However, as noted above, no objective evidence of the applicant's medical condition/s has been provided to the Tribunal.
3. In the latest request for reinstatement of the review of 10 November 2025, the applicant claims to have now recovered sufficiently from his ill health to be able to engage with the Tribunal in future.
4. The Tribunal is not satisfied that the applicant has been genuinely affected by a medical condition that has prevented his preparation and attendance at a hearing. The applicant has not provided the medical evidence he said he would provide, and has failed to constructively engage with the Tribunal in any meaningful way to progress his review except to avoid attendance and delay the progress of the review.
5. Given the above circumstances, after careful consideration, the Tribunal has decided it would be inappropriate to reinstate the applicant's review application.
6. The decision to dismiss the application is confirmed. In these circumstances, the decision under review is taken to be affirmed.

1. The Tribunal confirms the decision to dismiss the application.