El Ali and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship)

The applicant, Mr. El Ali, sought an extension of time to lodge an application for citizenship by conferral. The application was filed 84 days out of time, and the applicant had initially used the incorrect form. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs opposed the extension. The matter was heard by Emeritus Professor P A Fairall, Senior Member, of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicant had provided a reasonable explanation for the significant delay in lodging the application. It also had to consider whether the use of the wrong form was fatal to the merits of the application and, more broadly, whether there was any prospect of success in the underlying citizenship application.

The Tribunal found that the applicant had not provided a reasonable explanation for the 84-day delay. Furthermore, the Tribunal noted that the applicant had little, if any, prospect of success in the substantive application for citizenship. Consequently, the Tribunal refused the application to extend the time under section 29(7) of the Administrative Appeals Tribunal Act 1975 (Cth).

The applicant was, however, granted liberty to make a fresh application for citizenship.