FZJ18 v Minister for Home Affairs

The applicant, FZJ18, sought judicial review of a decision made by the Immigration Assessment Authority (IAA) concerning their application for a protection visa. The Federal Circuit and Family Court of Australia, presided over by Judge Kendall, considered the application for an extension of time to seek judicial review.

The central legal issue before the Court was whether to grant FZJ18 an extension of time to file their application for judicial review. This required the Court to assess whether there were sufficient reasons for the significant delay in lodging the application and whether the proposed grounds of review had sufficient merit to warrant further consideration.

Judge Kendall applied the principles governing applications for an extension of time, which involve a balancing exercise considering the length of the delay, the reasons for the delay, the applicant's prospects of success on the merits, and the overall justice of the case. In this instance, the Court found that the delay was substantial and that the proposed grounds of review lacked sufficient merit to justify granting an extension. Consequently, the application for an extension of time was dismissed.