BXD15 v Minister for Immigration and Anor (No.2)

The applicant, BXD15, sought to set aside a previous order of the Federal Circuit Court pursuant to rule 16.05 of the *Federal Circuit Court Rules 2001* (Cth). The original application concerned a Protection (XA) visa, and the applicant alleged that the Administrative Appeals Tribunal (AAT) had failed to consider their evidence and had demonstrated bias. The respondent was the Minister for Immigration.

The primary legal issues before Judge Street were whether the applicant's explanation for their non-appearance at the previous hearing was adequate, and whether there was any merit in the applicant's initiating application for judicial review. The court was required to determine if any arguable jurisdictional error had been identified in the AAT's decision.

Judge Street found that the applicant's explanation for their absence at the prior hearing was inadequate. Furthermore, the court concluded that the initiating application lacked merit, and no arguable jurisdictional error was identified in the AAT's assessment of the Protection (XA) visa application. Consequently, the application to set aside the previous order was dismissed.