EKE18 v Minister for Home Affairs

The applicant, EKE18, sought judicial review of a decision by a delegate of the Minister for Home Affairs to cancel their protection visas. The application was heard by Judge Smith in the Federal Circuit and Family Court of Australia. The primary dispute concerned the applicant's request for an extension of time to file their application for review, which the Minister opposed.

The court was required to determine whether to grant the applicant an extension of time to lodge their application for judicial review. This involved assessing whether the applicant had provided a reasonable explanation for the delay in filing, whether the Minister would suffer prejudice if an extension were granted, and whether the applicant had reasonable prospects of success in their substantive application. The court also considered whether the issuance of a section 107 notice by the Minister was a bona fide exercise of power.

Judge Smith dismissed the application for an extension of time. The court found that there was no reasonable explanation for the significant delay in filing the application. Furthermore, the court determined that the applicant had not demonstrated reasonable prospects of success in the substantive matter, nor had they established that the Minister's actions were not a bona fide exercise of power. Consequently, the court concluded that it lacked jurisdiction to proceed with the review.