Chen and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship)

This matter concerned an application for an extension of time by Ms. Chen in relation to her application for citizenship by conferral. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs was the respondent. The decision was made by Senior Member Chris Puplick AM of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether to grant Ms. Chen an extension of time to submit her citizenship application. This required the Tribunal to consider the reasons for the delay in lodging the application and whether there were reasonable prospects of success in a merits-based hearing of the application itself.

The Tribunal acknowledged Ms. Chen's sincere desire to become an Australian citizen and join her family, and was sympathetic to her inability to return to Australia due to pandemic circumstances. However, the Tribunal found that while her reasons for delay might be acceptable, there were no reasonable prospects of her application being successful on its merits. The Tribunal noted that the defects in her application were capable of remedy and that she could return to Australia and resubmit her application. Ultimately, the Tribunal concluded that it would not be in the interests of justice to grant the extension of time.

The Tribunal refused Ms. Chen's application for an extension of time.