Gebreslassie v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

This matter concerned an application for judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs' refusal to grant visas to two nephews of a primary visa applicant. The applicant, who was an Australian citizen and the sponsor of the primary visa applicant, sought judicial review of the AAT's decision.

The primary legal issue before the court was whether to grant the applicant an extension of time to file his application for judicial review, given that it was filed 31 days outside the prescribed 35-day limit. A secondary issue, to be considered if an extension was granted, was the substantive merits of the judicial review grounds. The court was required to consider whether it was necessary in the interests of the administration of justice to extend the time limit, taking into account factors such as the length of the delay, the explanation for it, prejudice to the Minister, and the merit of the grounds of review.

Mercuri J considered the applicant's stated reasons for the delay: lack of familiarity with the Australian legal system, lack of funds, and a language barrier. While acknowledging some sympathy for these circumstances, the court found them to be insufficient to justify an extension, particularly as the applicant had engaged with the legal process previously and had been informed of the time limits. The court also noted the lack of evidence supporting the claim of insufficient funds and the applicant's failure to file further material as ordered by a Registrar. The court ultimately found that the substantive application ought to be dismissed with costs.