CALIN v Minister for Immigration

In this matter before Judge Kendall of the Federal Circuit Court of Australia, the applicant sought judicial review of a decision made by the Assistant Minister for Immigration. The core of the dispute concerned the applicant's amended application, which sought to have the Minister consider exercising the power under s.351 of the *Migration Act 1958* (Cth). The applicant also sought an extension of time to make a competent application to the Court.

The Court was required to determine two primary legal issues. Firstly, whether the decision made by the Assistant Minister fell outside the scope of s.474(7) of the *Migration Act 1958* (Cth), and consequently, whether the Court possessed jurisdiction to review it, considering the operation of s.19 of the *Acts Interpretation Act 1901* (Cth). Secondly, the Court had to assess whether to grant the applicant an extension of time to file a competent application, which involved considering the reasonableness of the delay and the prospects of success of the substantive application.

In relation to jurisdiction, the Court found that the amended application, seeking consideration of the Minister's s.351 power, did not fall within the types of decisions amenable to judicial review under s.474(7). Therefore, the Court concluded it had no jurisdiction to hear the amended application. Regarding the extension of time, the Court applied established principles, including those from *SZSDA v Minister for Immigration & Citizenship* and *MZZLD v Minister for Immigration & Border Protection*, which require an assessment of whether the substantive application has "reasonable prospects of success" and a satisfactory explanation for any delay. The Court was not persuaded that the applicant had provided a reasonable explanation for the delay, noting that ignorance of appeal rights, without more, is generally insufficient. Furthermore, the Court found that the substantive application lacked reasonable prospects of success.

Consequently, the Court dismissed the amended application for want of jurisdiction and refused the application for an extension of time.