CQG18 v Minister for Home Affairs

This matter concerned an application for an extension of time to seek judicial review of a decision made by a Protection Obligations Evaluation (POE) officer. The applicant, who arrived in Australia in 2010, had been in immigration detention since that time. His initial protection visa application was refused in 2010, and subsequent reviews by the Independent Merits Review panel and a POE officer also resulted in negative decisions. The applicant sought judicial review of the POE officer's decision, but filed his application some 34 months out of time.

The court was required to determine whether to grant the applicant an extension of time to bring his application for judicial review. In considering this, the court had to assess the reasons for the delay, whether the applicant had an arguable case, and any prejudice to the parties. The applicant attributed the significant delay to ongoing depression, anxiety, and mental health issues since 2015, compounded by his detention, lack of legal representation, and inability to speak English.

Riethmuller J found that the applicant had not demonstrated an arguable case for the purposes of granting an extension of time. While acknowledging the difficult circumstances faced by individuals who cannot be deported, the court held that this broader issue was not relevant to the present application. Consequently, the application for an extension of time was dismissed, and the applicant was ordered to pay the Minister's costs.