Almadhi and Minister for Home Affairs (Citizenship)

This matter concerned an application by Mr Almadhi, a Bahraini national, for an extension of time to seek review of a decision by the Minister for Home Affairs to refuse his application for Australian citizenship by conferral. The Administrative Appeals Tribunal (AAT) was required to determine whether it was reasonable in all the circumstances to grant this extension.

The primary legal issue before the Tribunal was whether Mr Almadhi had provided a reasonable explanation for a delay of approximately three years in lodging his application for review. The Tribunal also had to consider the merits of his proposed appeal and whether granting an extension would be fair and equitable, taking into account the potential prejudice to the respondent and the prospects of success.

The Tribunal applied the principles established in *Hunter Valley* and *Nedeljko Kuljic v Secretary, Department of Social Security*, which require special circumstances for an extension of time and consideration of the merits of the proposed appeal. While acknowledging Mr Almadhi may have received misleading legal advice, the Tribunal found his explanation for the extensive delay was not acceptable. The Tribunal noted that the advice he received regarding the prohibition on his citizenship application due to pending court proceedings was likely accurate, and his subsequent delay in lodging an appeal for three years was not adequately explained. Furthermore, the Tribunal found that Mr Almadhi's prospects of success were limited, as the original refusal was based on a statutory prohibition, and his subsequent conviction and community corrections order would likely raise further character concerns.

Consequently, the Tribunal refused Mr Almadhi's application for an extension of time to lodge his application for review. The Tribunal was not satisfied that it was reasonable in all the circumstances to grant the extension, given the significant delay, the lack of a valid reason for that delay, and the limited likelihood of success in the proposed appeal.