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

The applicant sought an extension of time under section 477 of the *Migration Act 1958* (Cth) to file an application for judicial review of a decision by the Administrative Appeals Tribunal. The Tribunal had affirmed a delegate's decision to cancel the applicant's Temporary Work (Skilled) Visa (subclass 457). The applicant's judicial review application was filed 12 days out of time, which should have been lodged by 27 June 2019 but was filed on 9 July 2019. The court was required to determine whether it was necessary in the interests of the administration of justice to grant an extension of time.

The court considered several factors relevant to the exercise of its discretion, including the length of the delay, the explanation for the delay, any prejudice to the Minister, and the merit of the grounds raised by the applicant. The applicant explained the delay by stating he was located at a detention centre and a Justice of the Peace was unavailable, preventing him from affirming his affidavit. The Minister conceded no prejudice would arise from granting an extension. The court refused an adjournment sought by the applicant to engage a solicitor, noting the application had been filed almost two years prior and no evidence was led regarding steps taken to secure legal assistance.

Despite the applicant's failure to file amended submissions as ordered, the court found that the 12-day delay was not inordinate and the explanation provided was reasonable, weighing in favour of granting the extension. Crucially, the court assessed the merits of the applicant's grounds of review. While the Minister argued no grounds had reasonable prospects of success, the court found that grounds 3 and 4 were reasonably arguable, particularly after dismissing ground 10 alleging bias due to a lack of evidence. The court concluded that it was in the interests of justice to grant the extension of time, ordering that the time for filing the application for judicial review be extended to 9 July 2019.