Arq18 v Minister for Home Affairs

Arq18 (the applicant) sought judicial review of a decision by the Minister for Home Affairs (the respondent) to refuse to grant a protection visa. The refusal was based on the applicant's failure to attend a hearing before the Federal Circuit Court, which led to the dismissal of their application for review of the primary decision-maker's refusal of the protection visa. The matter came before Dowdy J of the Federal Circuit Court of Australia.

The central legal issue before the Court was whether the dismissal of the applicant's review application by the Federal Circuit Court, pursuant to rule 13.03C(1)(c) of the *Federal Circuit Court Rules 2001* (Cth), was lawful. This rule permits the Court to dismiss an application if a party fails to appear at a hearing without reasonable excuse. The applicant contended that their absence was due to circumstances beyond their control and that the Court should have afforded them an opportunity to present their case.

Dowdy J considered the principles governing the dismissal of proceedings for non-appearance. The Court noted that while rule 13.03C(1)(c) grants the Court a broad discretion, this discretion must be exercised judicially. The Court found that the applicant had not provided sufficient evidence to establish a reasonable excuse for their absence from the hearing. Consequently, the Court concluded that the dismissal of the applicant's review application was a valid exercise of the Court's power under the Rules.

The application for judicial review was dismissed.