AWS25 v Minister for Immigration and Citizenship (No 2)

In AWS25 v Minister for Immigration and Citizenship (No 2), the applicant sought an extension of time to seek judicial review of the Administrative Appeals Tribunal's decision affirming the delegate's decision not to grant the applicant a protection visa. The Federal Circuit and Family Court of Australia was tasked with determining whether the application for an extension of time should be granted. The key legal issues included whether the delay in filing the application for judicial review was justified and whether granting the extension was necessary in the interests of the administration of justice.

The court considered several factors in deciding whether to grant the extension of time. These factors included the length of the delay, the adequacy of the explanation for the delay, any prejudice to the Minister, and the merits of the proposed substantive application. The court noted that the delay in this case was approximately four to six months, depending on when the application was actually made. The applicant's counsel submitted that the court needed to determine the exact date of the application's filing, but did not dispute that the actual date was no earlier than 22 January 2025. The applicant argued that the delay was due to difficulties in obtaining legal representation and the complexity of the case. The court found that the applicant had provided an adequate explanation for the delay and that there was no significant prejudice to the Minister. The court also considered the merits of the substantive application, finding that the Tribunal's decision was affected by apprehended bias and amounted to a jurisdictional error.

The court granted the extension of time, finding that it was necessary in the interests of the administration of justice. The court issued a writ of certiorari to quash the Tribunal's decision and a writ of mandamus to require the Tribunal to reconsider the application for review according to law. The court also ordered that the Minister pay the applicant's costs of $7,000 to the applicant's pro bono counsel.