BJY19 v Minister for Immigration & Anor (No.2)

BJY19 (the applicant) sought judicial review of a decision by the Minister for Immigration and Anor (the respondent) to dismiss an application for reinstatement of a show cause application. The matter came before Driver J of the Federal Court of Australia.

The central legal issue before the Court was whether the Minister's delegate had erred in law by dismissing the applicant's application for reinstatement of a show cause notice. This required the Court to consider the proper interpretation and application of the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations concerning the validity of show cause notices and the circumstances under which their reinstatement might be permitted.

Driver J reasoned that the delegate's decision was correct. The Court found that the original show cause application was rendered incompetent by an earlier refusal to grant an extension of time for the applicant to respond. Consequently, there was no valid show cause application in existence that could be reinstated. The delegate therefore lacked the power to grant the reinstatement application, and its dismissal was not an error of law. The Court upheld the delegate's decision.