FBS18 v Minister for Home Affairs & Anor (No.2)

The applicant, FBS18, sought the reinstatement of a show cause application that had been dismissed due to their non-attendance. The respondents were the Minister for Home Affairs and another party. The matter came before Driver J of the Federal Court of Australia.

The central legal issue before the Court was whether the applicant had established a serious question to be tried in relation to the original show cause application, which was a prerequisite for its reinstatement. This required the Court to consider the applicant's conduct and the veracity of their explanations for their absence.

Driver J found that the applicant had been untruthful in their affidavit concerning the events that led to their non-attendance at the original hearing. This finding of untruthfulness was critical to the Court's determination. Applying principles of good faith and the need for applicants to present credible evidence, the Court concluded that the applicant had failed to demonstrate a serious question to be tried. Consequently, the application for reinstatement was dismissed.