DKB16 v Minister for Immigration and Border Protection

The applicant, DKB16, sought judicial review of a decision made by the Immigration Assessment Authority concerning their application for a Safe Haven Enterprise Visa. The applicant was offshore at the time of the proceedings. The matter came before Judge Lucev of the Federal Circuit Court of Australia.

The central legal issue before the Court was whether the application for judicial review should be dismissed due to the applicant's non-appearance. This required the Court to consider the application of the Federal Circuit Court Rules 2001 (Cth) to such circumstances.

Judge Lucev applied rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth), which permits the dismissal of an application for non-appearance. The Court found that the applicant had failed to appear, and consequently, the application was dismissed on this basis.

The Court ordered that the application be dismissed for non-appearance. Furthermore, the applicant was ordered to pay the First Respondent's costs in the sum of $3,737 by 30 September 2021.