The Court dismissed the judicial review application, holding that the Tribunal lawfully dismissed the applicants' review application for non-appearance under s 362B(1A)(b) of the Migration Act and lawfully confirmed that dismissal under s 362B(1C)(b) after rejecting the reinstatement request. The Tribunal's erroneous references to Part 7 provisions (ss 425 and 441A(5)) instead of the correct Part 5 provisions (ss 360 and 379A(5)), and its erroneous treatment of the second applicant as a party to the review, were regrettable but not material and did not constitute jurisdictional error. On reinstatement under s 362B(1C), the Tribunal was required to consider the circumstances advanced to support reinstatement (following Singh v MIBP [2018] FCAFC 184) but was not required to consider the merits of the underlying visa application where the applicant's reinstatement grounds were confined to the alleged failure of an agent to notify them of the hearing.
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