FBC17 v Minister for Immigration

The Federal Circuit and Family Court of Australia considered an application for judicial review brought by FBC17 against the Minister for Immigration. The core of the dispute concerned the applicant's failure to file their judicial review application within the prescribed time limits and the absence of a formal application to extend that time.

The central legal issue before the Court was whether it possessed the power to extend the time for filing a judicial review application in the absence of a written application for such an extension. This required the Court to consider the relevant legislative provisions and procedural rules governing the filing of judicial review applications and the circumstances under which time extensions might be granted.

Judge Lucev reasoned that the legislative framework, specifically the *Administrative Decisions (Judicial Review) Act 1977* (Cth) and associated rules of court, mandates a written application for an extension of time. The Court found that while it has the power to grant extensions, this power is contingent upon a proper application being made. In this instance, as no written application for an extension of time had been filed by FBC17, the Court was unable to grant the relief sought. Consequently, the application for judicial review was dismissed.