DUY19 v Minister for Immigration

The applicant, DUY19, sought an extension of time to commence judicial review proceedings concerning a decision by the Minister for Immigration to refuse a visa. The matter came before Judge Jarrett in the Federal Circuit and Family Court of Australia.

The central legal issue before the Court was whether to grant the applicant an extension of time to file their application for judicial review. This required the Court to consider the principles governing the exercise of discretion to grant such extensions, particularly in the context of migration decisions.

Judge Jarrett applied the principles established in *Szymonowicz v Minister for Immigration and Border Protection* [2021] FCA 1066, which outline the factors to be considered when determining whether to grant an extension of time. These factors include the length of the delay, the reasons for the delay, the merits of the proposed application for judicial review, and the prejudice to the respondent if an extension were granted. The Court found that the applicant had not provided a satisfactory explanation for the significant delay in filing the application, nor had they demonstrated a strong likelihood of success in the substantive judicial review proceedings.

Consequently, the Court refused to grant the extension of time, meaning the judicial review application could not be commenced.