Doumbouya and Secretary, Department of Social Services (Social services second review)

This matter concerned an application by the Applicant for an extension of time to seek review of a decision made by the Administrative Appeals Tribunal (AAT). The Applicant sought to extend the time to apply for review of the AAT1 Decision dated 10 July 2019. The application was heard by M Evans-Bonner SM.

The primary legal issue before the Tribunal was whether it was reasonable in all the circumstances to grant the Applicant an extension of time to lodge her application for review. In determining this, the Tribunal considered several factors, including the length of the delay, the Applicant's awareness of her appeal rights and the explanation for the delay, the prejudice to the Respondent and the public interest in finality, and the merits of the substantive application. The Tribunal also considered whether alternative avenues of relief were available to the Applicant.

The Tribunal reasoned that while an applicant's explanation for delay is relevant, it is not an essential pre-condition for granting an extension of time. However, the significant delay of 1 year, 6 months and 11 days weighed against the exercise of discretion, as it was inconsistent with the need for certainty and finality in administrative decision-making. The Applicant was aware of her appeal rights and the 28-day time limit, and her explanation for the delay, which involved attempting to access a document related to a different, unreviewable claim, was not a sufficient reason to grant an extension. The Tribunal noted that the Applicant could have lodged her application while seeking the document. Although there was limited prejudice to the Respondent, the Tribunal considered the public interest in finality and fairness to other applicants. Furthermore, the Tribunal found that the Applicant did not have an arguable case on the substantive merits.

Consequently, the Tribunal was not satisfied that it was reasonable in all the circumstances to extend the time for the Applicant to seek review of the AAT1 Decision. The application for an extension of time was refused.