FBS18 v Minister for Home Affairs

The applicant, a national of Sri Lanka, had his application for a Safe Haven Enterprise Visa (SHEV) refused in April 2018. After the Immigration Assessment Authority affirmed this decision, the applicant filed an application for judicial review in the Federal Circuit Court. The primary judge dismissed the application on 17 May 2019 due to the applicant's non-appearance at the hearing. The applicant then sought to have his application reinstated, but this application was dismissed on 14 June 2019. The applicant now seeks an extension of time and leave to appeal from the decisions of the primary judge.

The legal issues in this case revolve around whether the primary judge exercised his discretion appropriately in dismissing the applicant's application for judicial review and whether he adequately considered all relevant factors in declining to reinstate the application. The applicant argued that the primary judge failed to consider or balance certain relevant considerations, such as the potential prejudice to the respondent and the applicant's reasonable excuse for non-appearance.

In reviewing the decision of the primary judge, the court considered the relevant principles of law concerning the exercise of discretion and the setting aside of judgments. The court noted that the primary judge had identified the factors he deemed significant and explained his reasoning. The court found no error in the primary judge's exercise of discretion, as he had adequately considered the relevant factors and reached a reasonable decision. The court also held that the applicant's proposed grounds of appeal did not demonstrate a sufficient error in the primary judge's decision to warrant reconsideration.

The application for an extension of time was granted, but the application for leave to appeal was refused. The applicant was ordered to pay the costs of the first respondent.