Habo and Minister for Immigration, Citizenship, and Multicultural Affairs (Citizenship)

The applicant, Habo, sought judicial review of a decision by the Minister for Immigration, Citizenship, and Multicultural Affairs to refuse an extension of time to lodge an application for review of a delegate's decision. The Administrative Appeals Tribunal had refused the extension of time, and it was this refusal that Habo sought to challenge.

The primary legal issue before the court was whether the Tribunal erred in law by refusing to grant Habo an extension of time to lodge his application for review. This required the court to consider the principles governing the grant of extensions of time by the Tribunal, particularly in light of the decision in *Hunter Valley Developments Pty Ltd v Minister for Planning* (1991) 22 NSWLR 1.

The court found that the Tribunal had correctly applied the principles from *Hunter Valley Developments*. Specifically, the Tribunal considered the prospects of success of the substantive application and the reasons for the delay. In this instance, Habo had failed to provide a reasonable explanation for the significant delay in lodging his application, and the Tribunal found that he had no reasonable prospects of success in the substantive review. Consequently, the Tribunal's decision to refuse the extension of time was upheld.