Avd16 v Minister for Immigration

The applicant, Avd16, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed a delegate of the Minister for Immigration's refusal to grant a protection visa. The application was brought before Dowdy J of the Federal Court of Australia.

The primary legal issue before the Court was whether the applicant should be granted an extension of time, pursuant to section 477(2) of the *Migration Act 1958* (Cth), to file his application for judicial review. This extension was sought for a period of approximately four years, or 1455 days, beyond the prescribed time limit.

Dowdy J reasoned that an extension of time under section 477(2) requires both a reasonable explanation for the delay and reasonable prospects of success on the substantive grounds of review. In this instance, the Court found that the applicant had failed to provide a reasonable explanation for the significant delay in lodging his application. Furthermore, the Court concluded that the applicant did not demonstrate reasonable prospects of success for any of the proposed substantive grounds of review. Consequently, the application for an extension of time was refused and dismissed.