AHMAD v Minister for Home Affairs

This matter concerned an application for judicial review of a decision by the Administrative Appeals Tribunal (AAT) to affirm the cancellation of the applicant's student visa. The applicant sought an extension of time within which to file their application for judicial review.

The primary legal issue before the Court was whether the applicant had established sufficient grounds to warrant the grant of an extension of time to seek judicial review of the AAT's decision. This required the Court to consider the merits of the substantive application for judicial review, even in the context of an application for an extension of time.

Justice Kendall found that the applicant had not demonstrated any arguable or substantial ground for judicial review of the AAT's decision. In the absence of such merit, the Court determined that it was not in the interests of justice to grant an extension of time. Consequently, the application for judicial review was dismissed.