AKQ21 v Minister for Immigration and Multicultural Affairs

The Federal Circuit Court considered the application for review by AKQ21 against the Minister for Immigration and Multicultural Affairs. AKQ21, a Malaysian citizen, applied for a visa after arriving in Australia in September 2019. Her application was refused due to insufficient evidence and lack of credibility of her claims. AKQ21 then lodged an application for merits review with the Administrative Appeals Tribunal (AAT) outside the statutory time limit of 28 days. The AAT summarily dismissed her application as it was not lodged within the prescribed time, and AKQ21 did not provide a satisfactory explanation for the delay. The court was required to determine whether AKQ21 should be granted an extension of time to review the AAT's decision and whether the AAT's dismissal was justified.

The court considered the statutory requirements for filing a merits review application, the role of the AAT in reviewing such applications, and the principle of finality in administrative decisions. The court noted that the AAT has no discretion to extend the time limits for filing a merits review application unless there are exceptional circumstances. The court also considered the applicant's explanation for the delay, which was attributed to the COVID-19 lockdown and the inability to afford a new phone or access devices to check emails. The court found that while the lockdown caused difficulties, it did not constitute an exceptional circumstance that would warrant an extension of time. The court held that the AAT's decision to summarily dismiss the application for being out of time was correct, as the AAT had no jurisdiction to consider the merits of the application.

The court concluded that AKQ21's application for an extension of time to review the AAT's decision should be refused. The court found that there was no reasonable prospect of success in the judicial review application, as the AAT's decision was based on the statutory time limits and the lack of discretion to extend those limits. The court also ordered that AKQ21 pay the costs of the application for review.