Khaja v Minister for Immigration

The Federal Circuit Court of Australia heard the matter of *Khaja v Minister for Immigration*. The applicants sought judicial review of a decision by the Minister for Immigration to refuse their applications for Student (temporary) (class TU) visas. The refusal was based on the applicants allegedly providing bogus documents and false or misleading information, thereby engaging public interest criterion 4020 of the *Migration Regulations 1994* (Cth).

The primary legal issues before the Court were whether the applicants had satisfied the requirements of clauses 572.232 and 572.224 of the *Migration Regulations 1994* (Cth), and whether there were compelling and compassionate circumstances that warranted an exception to the refusal. Additionally, the Court was required to consider an application for reinstatement of the proceeding, which had been dismissed due to the applicants' absence at the hearing.

In relation to the reinstatement application, His Honour Judge Wilson found that the applicants had failed to provide a reasonable excuse for their absence. Furthermore, the Court assessed that the applicants' prospects of success in the substantive proceeding were poor, leading to the refusal of the reinstatement application. Consequently, the substantive application for judicial review was not considered on its merits.