DXW18 v Minister for Home Affairs

The applicant, DXW18, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) to refuse him a protection visa. The AAT's refusal was based on the applicant's failure to attend a scheduled hearing. The applicant required an extension of time under section 477(2) of the *Migration Act 1958* (Cth) to file his application for judicial review with the Federal Court.

The central legal issue before Dowdy J was whether the applicant had established a sufficient basis to warrant an extension of time for filing his application for judicial review. This required the Court to consider whether there was a reasonable explanation for the significant delay in lodging the application and whether the proposed substantive grounds for review had reasonable prospects of success.

Dowdy J reasoned that the applicant had failed to provide a reasonable explanation for the 563-day delay in filing his application. Furthermore, the Court found that the proposed grounds for judicial review lacked reasonable prospects of success. Consequently, the application for an extension of time was refused.