SZAJB v Minister for Immigration & Multicultural & Indigenous Affairs

introduction 1 This is an appeal from a decision of a Federal Magistrate who dismissed the appellant's application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal'). The Tribunal had affirmed a decision of a delegate of the respondent to refuse to grant the appellant a protection visa. The Tribunal made its decision in circumstances in which the appellant had failed to attend a scheduled hearing before the Tribunal. The reasons for judgment of the learned Federal Magistrate record that the appellant advised the Federal Magistrate: 'I did not go to the hearing because I was told by a few people if you go there you will be caught.'

Like the Federal Magistrate, the only weight that I place on this statement, the phraseology of which might reflect a lack of facility in the English language, is that the appellant was aware of the scheduled hearing date and could have attended had he chose to do so.