CCC18 v Minister for Home Affairs

The applicant, CCC18, sought reinstatement of their substantive application which had been dismissed by the Federal Circuit and Family Court of Australia for non-appearance. The application concerned a decision of the Immigration Assessment Authority regarding a Safe Haven Enterprise (Subclass 790) Visa.

The primary legal issue before the Court was whether the failure of the Secretary to refer certain material to the Immigration Assessment Authority constituted a jurisdictional error. The Court was also required to consider the factors relevant to an application for reinstatement of a dismissed substantive application.

Justice Kendall found that there was no arguable case that the Secretary's alleged failure to refer material amounted to a jurisdictional error. The Court further determined that the applicant had not satisfied the criteria for reinstatement of the dismissed application. Consequently, the application for reinstatement was dismissed.