De Silva v Minister for Immigration

In *De Silva v Minister for Immigration*, the applicants sought an extension of time to seek judicial review of a decision made by the Administrative Appeals Tribunal (AAT). The application for review was filed approximately 21 months after the AAT's decision, a delay attributed to the refusal of ministerial intervention. The matter came before Judge C E Kirton QC in the Federal Circuit and Family Court of Australia.

The central legal issue before the Court was whether an extension of time should be granted to the applicants to seek judicial review, considering the significant delay and the merits of their underlying claim. The Court was required to determine if allowing the review would be in the interests of the administration of justice, particularly in light of the substantial time lapse and the apparent lack of merit in the proposed appeal.

Judge Kirton QC reasoned that the applicants' claim was destined to fail and that there would be no utility in extending the time for them to seek review. The Court applied the principle that extensions of time are not granted as a matter of course, especially when the delay is substantial and the underlying case lacks merit, as doing so would not serve the interests of justice. Consequently, the application for an extension of time was refused.

The Court ordered that the application be dismissed and that the applicants pay the First Respondent's costs fixed at $5,400.