EMT18 v Minister for Home Affairs

The applicant, EMT18, sought an extension of time under section 477 of the *Migration Act 1958* (Cth) to seek review by the Immigration Assessment Authority (IAA) of a decision made by the Minister for Home Affairs. The core of the dispute concerned whether the IAA possessed jurisdiction to review the applicant's matter, specifically in light of arguments that the applicant was not an unauthorised maritime arrival and that the IAA's prior conduct was illogical, unreasonable, and irrational.

The central legal issues before the Court were whether the IAA had jurisdiction to consider the applicant's application for review, and consequently, whether the applicant was entitled to an extension of time under section 477 of the Act. This required the Court to determine the applicant's status as an unauthorised maritime arrival and to assess the alleged irrationality or unreasonableness of the IAA's actions.

Justice Street found that the applicant had not established that they were an unauthorised maritime arrival. Consequently, the IAA lacked jurisdiction to review the applicant's case. As the IAA had no jurisdiction, the Court held that it could not grant an extension of time under section 477 of the *Migration Act 1958* (Cth). The application for an extension of time was therefore dismissed.