Essambo and Minister for Immigration and Border Protection (Migration)

This matter concerned an application by Ms. Essambo for an extension of time to lodge an application for review of a decision made by the Department of Immigration and Border Protection on 3 February 2016, which refused her application for Australian citizenship. The application for an extension of time was heard by Brigadier AG Warner, Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether it was reasonable in all the circumstances to grant Ms. Essambo an extension of time to lodge her application for review, pursuant to section 29(7) of the Administrative Appeals Tribunal Act 1975. This required the Tribunal to consider established principles, including whether the applicant had rested on her rights, any prejudice to the respondent, potential wider prejudice to the public, the merits of the substantial application, and fairness to other persons in a like position.

The Tribunal considered Ms. Essambo's explanation for the delay, which involved a failure to receive correspondence due to a change of address and a misunderstanding regarding the processing of her citizenship application. The Tribunal noted that Ms. Essambo acknowledged she should have taken precautions to inform the Department of her new address. Applying the principles from *Hunter Valley Developments Pty Ltd v Cohen* and *Re Johnson*, the Tribunal found that Ms. Essambo's explanation for the delay was not satisfactory, and there was a lack of merit in her substantive application. Consequently, the Tribunal was not satisfied that it was reasonable in all the circumstances to grant the extension of time.

The application for an extension of time to lodge an application for review was refused. The Tribunal noted that Ms. Essambo could re-apply for Australian citizenship.