AID19 v Minister for Immigration & Anor

The applicant, AID19, sought judicial review of a decision made by the Immigration Assessment Authority on 10 January 2019. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs was the first respondent, and the Immigration Assessment Authority was the second respondent. The application for review was filed on 25 January 2019 in the Federal Circuit Court of Australia.

The primary legal issue before the Court was whether the applicant had complied with court orders requiring the filing of an amended application for review that provided complete particulars of each ground of review. The applicant's initial ground of review was a general assertion that the Immigration Assessment Authority and the delegate of the Minister for Home Affairs had erred in law.

The Court noted that the applicant had failed to comply with multiple orders directing the provision of detailed grounds for review. Specifically, an order made on 13 March 2019 required the applicant to file an amended application with complete particulars, which was not done. Further orders on 12 November 2019 and 14 April 2020 reiterated this requirement, with the latter order granting a final eight-day extension. Despite clear explanations of the necessity for compliance, including through an interpreter, the applicant failed to file the amended application by the stipulated deadlines. Consequently, the Court found that the application for review should be dismissed pursuant to rule 13.03B(1)(a) and (c) of the Federal Circuit Court Rules 2001 (Cth). The applicant was ordered to pay the first respondent's costs fixed at $7,467.00.