Bonimpa and Minister for Immigration, Citizenship and Multicultural Affairs (Citizenship)

This matter concerned an application for an extension of time to lodge an application for review of a decision made by the Minister for Immigration, Citizenship and Multicultural Affairs. Mr Bonimpa, who was born in the Democratic Republic of Congo in 1994 and arrived in Australia in 2014, applied for Australian citizenship in May 2020. His application was refused on 29 July 2022, following an invitation to comment on adverse information. Mr Bonimpa subsequently lodged his application for review of this decision with the Administrative Appeals Tribunal (AAT) on 27 March 2023, which was outside the prescribed 28-day period. The decision was made by Mr S. Webb, Member of the Tribunal.

The primary legal issue before the Tribunal was whether it was reasonable in all the circumstances to exercise the discretion conferred by s 29(7) of the Administrative Appeals Tribunal Act 1975 to grant Mr Bonimpa an extension of time to lodge his substantive application for review. This required the Tribunal to consider various factors relevant to the exercise of such discretion, including the length of the delay, the explanation for the delay, the prejudice to the parties, and the merits of the substantive application. The Tribunal also noted that notice of the right to seek review by the Tribunal must be given under s 27A of the AAT Act, although failure to do so does not invalidate the decision itself.

The Member considered the relevant factors in determining whether to grant the extension. While the specific details of the Member's reasoning are not fully elaborated in the provided text, the decision indicates that a balancing exercise was undertaken, weighing the various factors pertinent to the exercise of discretion. The outcome demonstrates that the Tribunal was satisfied that it was reasonable and appropriate to grant the extension of time.

Consequently, the Tribunal granted Mr Bonimpa's application for an extension of time, allowing him to proceed with his substantive application for review of the citizenship refusal decision. The extension was granted up to 27 March 2023, the date on which he lodged his application.