Aec19 v Minister for Immigration

The applicant, Aec19, sought judicial review of a decision by the Immigration Assessment Authority (IAA) to refuse their application for a protection visa. The primary dispute concerned the IAA's refusal to grant an extension of time for the applicant to file a show cause application, which was filed more than a year after the statutory deadline. The matter came before Driver J in the Federal Court of Australia.

The central legal issue before the Court was whether the IAA had erred in law by refusing to grant the applicant an extension of time to lodge their show cause application. This required the Court to consider the proper interpretation and application of the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations governing the IAA's power to extend time limits.

Driver J reasoned that the IAA's decision to refuse the extension of time was not affected by an error of law. The Court found that the IAA had correctly applied the principles established in *Minister for Immigration and Border Protection v Singh* [2018] FCAFC 146, which requires an applicant seeking an extension of time to demonstrate a "good reason" for the delay. In this instance, the applicant failed to provide a satisfactory explanation for the significant delay in lodging the show cause application, and the IAA was therefore entitled to refuse the extension. The Court concluded that the IAA's assessment of the applicant's reasons for delay was a factual determination within its power and did not involve an error of law.