Li v Minister for Immigration

The applicant, Li, sought judicial review of a decision made by the Administrative Appeals Tribunal. The substantive application before the court had previously been dismissed in June 2016 due to the applicant's non-appearance. The current proceedings concerned an application to reinstate that dismissed substantive application.

The primary legal issue before the court was whether the applicant had demonstrated sufficient grounds to warrant the reinstatement of the dismissed substantive application. This required the court to consider the factors relevant to such an application, particularly in circumstances where the original dismissal was due to non-appearance.

Justice Nicholls considered the applicant's submissions and the relevant legal principles governing applications for reinstatement. The court determined that the applicant had not established a reasonable prospect of success in the underlying substantive application. Consequently, the court found no basis to grant the application for reinstatement.

The application in a case seeking reinstatement was therefore dismissed.