SZSGD v Minister for Immigration & Anor (No.2)

The applicant, SZSGD, sought to set aside earlier orders made by the Federal Circuit Court pursuant to Rule 13.03C of the Federal Circuit Court Rules, which had dismissed their application for failure to appear. The respondent was the Minister for Immigration and another. The matter came before Emmett J.

The central legal issues before the Court were whether the applicant's explanation for their failure to appear was satisfactory, whether the grounds of the application had reasonable prospects of success, and whether it was in the interests of justice to set aside the dismissal of the application.

Emmett J considered the requirements for setting aside an order for non-appearance under Rule 16.05 of the Federal Circuit Court Rules. His Honour found that the explanation provided by the applicant for their absence was not satisfactory. Furthermore, His Honour concluded that the grounds of the application did not have reasonable prospects of success. Consequently, Emmett J determined that it was not in the interests of justice to set aside the dismissal of the application. The application to set aside the earlier orders was refused.