The Court refused to reinstate a discontinued judicial review application in migration proceedings, applying the three-part test from BQB21 and Chen v Monash University. The Court found the applicant knowingly and voluntarily withdrew the application after being given adequate opportunity to consider his position (including a stand-down period), notwithstanding that he was self-represented. There was no fraud, duress, or abuse of process, and reinstatement would have been futile because the employer had withdrawn its nomination, meaning the visa applicant could not satisfy cl 186.233(3) of the Migration Regulations 1994, consistent with Singh v Minister for Immigration and Border Protection [2017] FCAFC 105.
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