Aqa18 v Minister for Home Affairs

The applicant, Aqa18, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT). The AAT had determined it lacked jurisdiction to review a decision made by a delegate of the Minister for Home Affairs, which refused the applicant a protection visa. This jurisdictional issue arose because the applicant's appeal to the AAT was lodged six months after the prescribed time limit.

The central legal issue before the court was whether the applicant was entitled to an extension of time to bring his application for judicial review to the Federal Court. Specifically, the court had to consider the applicant's eligibility for a 53-day extension of time under section 477(2) of the *Migration Act 1958* (Cth), and whether the grounds for the proposed substantive review had reasonable prospects of success.

Dowdy J found that the applicant had failed to provide a reasonable explanation for the significant delay in lodging his application with the court. Furthermore, the court concluded that the proposed grounds for the substantive judicial review lacked reasonable prospects of success. Consequently, the application for an extension of time was refused.