Hasan and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship)

This matter concerned an application for an extension of time to lodge an application for review of a decision to refuse citizenship on character grounds. The applicant, born in Iraq in 1963, arrived in Australia in 2014 and was convicted of common assault offences in 2016, receiving good behaviour bonds. He applied for citizenship in 2018. The reviewable decision was made on 24 July 2020, and the applicant lodged his application for review, including a request for an extension of time, on 2 December 2020. The respondent opposed the extension.

The Administrative Appeals Tribunal (AAT) was required to determine whether it was reasonable in all the circumstances to extend the time for lodging the application for review, pursuant to s 29(7) of the *Administrative Appeals Tribunal Act 1975* (Cth). The delay in lodging the application was approximately three months. The applicant attributed this delay to a language barrier, stating he was unaware of the time frame. The respondent argued that this explanation was not acceptable, particularly given the applicant had passed the Australian citizenship test and completed other legal documents without assistance, suggesting a level of English comprehension.

The Tribunal considered the principles for granting an extension of time, noting that the overriding consideration is reasonableness in all the circumstances. While acknowledging the applicant's explanation of a language barrier, the Tribunal also noted evidence suggesting he possessed some understanding of English. Despite the respondent's opposition and the applicant's somewhat contradictory evidence regarding his English proficiency, the Tribunal was satisfied that it was reasonable in all the circumstances to grant the extension.

The Tribunal ordered that the time for making the application for review be extended to 2 December 2020.