Singh v Minister for Home Affairs

Singh applied to the Federal Court for judicial review of a decision made by the Minister for Home Affairs. The applicant's original application for judicial review had been dismissed by a registrar of the Federal Court under rule 13.03C(1)(c) of the *Federal Court Rules 2001* (Cth) on the basis that it had no reasonable prospect of success. The current proceeding concerned an interlocutory application by the applicant seeking the reinstatement of that dismissed judicial review application.

The central legal issue before Judge Riethmuller was whether the registrar had erred in dismissing the original application for judicial review on the grounds that it lacked any reasonable prospect of success. This required the court to consider the threshold for dismissing an application under rule 13.03C(1)(c) and to assess whether the applicant's case met that threshold.

Judge Riethmuller reasoned that the registrar's decision to dismiss the application was correct. The court found that the applicant had failed to demonstrate any arguable case or any reasonable prospect of success in their application for judicial review. The applicant had not presented any material or legal arguments that could overcome the grounds for dismissal under the relevant rule. Consequently, the interlocutory application for reinstatement was dismissed.

The orders of the court were that the application be dismissed and that the applicant pay the First Respondent’s costs, fixed in the sum of $500.00.