BQN18 v Minister for Home Affairs

This matter concerned an application by BQN18 for the reinstatement of their judicial review application, which had been dismissed on 20 March 2019. The applicant sought to set aside the dismissal order on the grounds that they were unable to attend the first mention date due to significant travel and work commitments, and difficulties in communicating with the respondent's legal representatives and the court registry. The application was heard by Judge A Kelly.

The primary legal issue before the court was the threshold required for an arguable ground of review on an application for reinstatement. The court was also required to consider the broad discretion vested in the court to allow reinstatement and the principles governing the exercise of such discretion, specifically referencing the test established in *House v The King*.

The court reasoned that the exercise of discretion in favour of an order for reinstatement does not necessitate satisfaction of the grounds of review to the same level as a final hearing. Instead, the applicable threshold is whether the grounds for judicial review are shown to be "arguable," meaning they are not fanciful, illogical, impermissible, or devoid of merit, but possess a level of rationality and a basis in the material sufficient for the court to hear full argument. The court noted that this assessment should not expect fully developed grounds, particularly from an unrepresented applicant whose first language may not be English. The court further observed that the decision to reinstate is essentially discretionary and subject to the principles outlined in *House v The King*. The applicant's stated grounds for reinstatement detailed their inability to attend the hearing due to travel difficulties, issues with obtaining leave from work, and a lack of timely responses from the respondent's solicitors and the court registry despite providing advance notice of their predicament.

The court's decision on the final orders or outcome is not provided in the case text.