The applicant, whose refugee claim was rejected, failed to appear for removal and went into hiding.
She subsequently filed an H&C application which was also rejected, and she sought judicial review of that decision.
During the judicial review proceedings, she filed an affidavit but refused to appear for cross-examination by the Minister, citing fear of arrest.
The Federal Court struck her affidavit under Rule 97(c) due to her unjustified refusal to be cross-examined.
Furthermore, applying the clean hands doctrine and Rule 97(d), the Court dismissed the application for judicial review without deciding it on the merits, citing the applicant's serious misconduct in evading the removal process and defying the court's rules.
