Applicant S190-2002, Ex parte - Re MIMIA

Applicant S190-2002, Ex parte - Re MIMIA concerned an application made by an applicant, identified only by the pseudonym S190-2002, to the High Court of Australia, sitting in chambers, in relation to a decision by the Migration Internal Review Office (MIRO). The applicant sought judicial review of MIRO's decision to refuse to grant a protection visa.

The central legal issue before Kirby J was whether the applicant had established a *prima facie* case for the grant of an extension of time to seek judicial review of MIRO's decision. This involved considering the applicant's reasons for the delay in filing the application and whether those reasons were sufficient to justify an extension, having regard to the interests of justice.

Kirby J applied the principles governing applications for extensions of time in judicial review proceedings, which require a balancing of the applicant's need for an extension against the prejudice to the respondent and the public interest in the finality of decisions. His Honour considered the applicant's explanation for the delay, which related to difficulties in obtaining legal advice and the complexity of the migration law system, and weighed this against the fact that the application was significantly out of time.

Ultimately, Kirby J refused the application for an extension of time, finding that the applicant had not demonstrated a sufficient basis to depart from the usual time limits for seeking judicial review.