Hanna and Minister for Home Affairs (Citizenship)

This matter concerned an application for an extension of time to lodge an application for review of a decision by the Minister for Home Affairs to refuse the applicant's application for Australian citizenship. The refusal was based on the grounds that the applicant did not satisfy section 21(3)(d) of the *Australian Citizenship Act*, which relates to permanent or enduring physical or mental incapacity. The Administrative Appeals Tribunal (AAT) was required to determine whether to grant the applicant an extension of time to lodge her application for review.

The Tribunal considered the principles governing the grant of an extension of time, noting that while general guidance exists, each case must be assessed on its own circumstances. The Federal Court's emphasis in *Comcare v A’Hearn* that these principles are not to be applied mechanically and that an acceptable explanation for delay is not an essential precondition, though normally expected, was highlighted. The Tribunal also referred to the principle that it should be guided by "what the justice of the case requires," as stated in *Brown*, and that all relevant factors must be weighed together, citing *Zizza v Federal Commissioner of Taxation*.

In its reasoning, the Tribunal addressed the respondent's objections regarding the extent of the delay and the lack of explanation. The delay of approximately five months was considered considerable but not excessive, with reference to previous AAT decisions where longer delays were permitted. Regarding the explanation for the delay, the Tribunal noted that while the applicant had not provided a direct explanation, she had sought assistance from a Member of Parliament, who contacted the Minister on her behalf. The Tribunal found that, on balance, and guided by the justice of the case, it was reasonable to grant the extension of time. The Tribunal therefore granted the applicant an extension of time to lodge her application for review.