AZABO v Minister for Immigration & Anor

The applicant, AZABO, sought an extension of time to lodge an application for review of a decision made by the Minister for Immigration. The respondent, the Minister for Immigration, opposed the application. The case was heard in the Federal Court of Australia. The applicant argued that there were exceptional circumstances justifying an extension of the statutory time limit for making the application, as provided for in section 477(1) of the Migration Act 1958 (Cth). The Minister for Immigration contended that there were no exceptional circumstances that justified the extension of time.

The court was required to determine whether the applicant had demonstrated exceptional circumstances that warranted an extension of the time limit for making the application for review. The court noted that the applicant had not previously sought an extension of time for making an application for review and had not demonstrated any significant delay in making the application. The court further noted that the applicant had not provided any explanation for the delay in making the application. The court held that the applicant had not demonstrated any exceptional circumstances that warranted an extension of the time limit for making the application for review.

Accordingly, the court dismissed the application. The court ordered that the time for making the application provided by section 477(1) of the Migration Act 1958 (Cth) was not extended. The applicant was ordered to pay the costs of the First Respondent, fixed in the sum of $5,850.00.