The Trustee for the Rashays Macquarie Unit Trust v Minister for Immigration

The Trustee for the Rashays Macquarie Unit Trust (the applicant) sought judicial review of a decision made by the Minister for Immigration (the respondent). The dispute concerned a nomination that was the subject of a request for approval under regulation 5.19 of the *Migration Regulations 1994* (Cth). The matter came before Judge Street of the Federal Circuit Court of Australia.

The primary legal issue before the Court was whether the applicant had demonstrated a reasonable prospect of success in its application for judicial review. The Court was required to determine if the applicant's case met the threshold for proceeding, particularly in light of the applicant's failure to appear before the Court.

Judge Street dismissed the application pursuant to rule 13.03C(1)(c) of the *Federal Circuit Court Rules 2001* (Cth). This rule permits the dismissal of an application where there is no reasonable prospect of success. The Court noted that no appearance was made on behalf of the applicant, which, in the context of the rule and the overall assessment of the case, led to the conclusion that there was no reasonable prospect of success.

Consequently, the Court ordered that the application be dismissed and that the applicant pay the first respondent's costs, fixed in the amount of $7,467.00.