Englezos v Secretary, Department of Social Services

In the matter of Englezos v Secretary, Department of Social Services, the applicant sought an extension of time to appeal against a decision of the Administrative Appeals Tribunal (AAT). The Tribunal's decision had set aside a decision by the Department of Social Services (DSS) to recover a debt from the applicant for overpayment of carer's payments. The applicant's appeal was filed 46 days beyond the prescribed time limit. The primary legal issue for the Court was whether the applicant's explanation for the delay was adequate, and whether there were sufficient prospects of success for the proposed grounds of appeal. The applicant claimed that the delay was due to being a litigant in person, waiting for pro bono legal assistance, a delay in posting the appeal, and only realising the application was incomplete on 29 January 2021. The Secretary argued that the explanation for the delay was inadequate and the proposed grounds of appeal had no merit. The Court found that the applicant had not provided an adequate explanation for the delay and the proposed grounds of appeal had no merit. The Court dismissed the application for an extension of time. The Court noted that while the applicant submitted that the Secretary would not be prejudiced by the extension of time, the critical issue was whether the application had merit. The Court found that the application did not have sufficient merit to warrant an extension of time. The Court ordered that the applicant's application for an extension of time be refused, and that the applicant pay the respondent's costs.