Boq18 v Minister for Home Affairs

The applicant, Boq18, sought to have the dismissal of her protection visa application by the Tribunal set aside. The dispute arose after the applicant failed to appear at a scheduled hearing before a Registrar of the Federal Circuit Court, leading to the dismissal of her proceedings under rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth). The applicant subsequently sought reinstatement of these proceedings.

The court was required to determine whether the applicant's reasons for non-appearance before the Registrar were adequate to justify an order for reinstatement. This involved assessing whether the substantive grounds of her original application had any reasonable prospects of success, such that reinstatement would be warranted. The court also considered the Tribunal's decision to dismiss the applicant's review application and its subsequent confirmation of that dismissal.

Dowdy J found that the applicant's explanation for her non-appearance before the Registrar, which mirrored her explanation for failing to attend the Tribunal hearing, was inadequate. The Tribunal had previously found that the applicant's stated reasons of being nervous and oversleeping were not a sufficient basis to exercise its discretion to reinstate her case, particularly as she had failed to contact the Tribunal to request a delay. The court noted that the applicant had received notice of the Tribunal hearing, was aware of the consequences of non-attendance, and had received multiple reminders. Consequently, the court concluded that the applicant's substantive grounds lacked reasonable prospects of success.

The application for reinstatement was dismissed.