Fahey and Secretary, Department of Employment and Workplace Relations

The applicant, Fahey, sought an extension of time to lodge an application for review of a decision made by the Secretary of the Department of Employment and Workplace Relations. The Administrative Appeals Tribunal (AAT) was required to determine whether to grant this extension.

The central legal issue before the AAT was whether there were reasonable prospects of success in the proposed application for review. The AAT noted that this question could not be definitively answered without hearing evidence from the applicant regarding the merits of their substantive case.

Deputy President B W Rayment Oam Kc P reasoned that it was inappropriate to refuse an extension of time on the basis of a lack of reasonable prospects of success without affording the applicant an opportunity to present their case. The Tribunal applied the principle that where the prospects of success are not clearly devoid of merit, an extension of time should generally be granted to allow the substantive application to be heard. Consequently, the AAT granted the extension of time to lodge the application for review.