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

This matter concerned an application by Mr Hassan for an extension of time to seek review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse his application for citizenship by conferral. The Administrative Appeals Tribunal, constituted by Theodore Tavoularis SM, was required to determine whether to grant this extension of time.

The primary legal issue before the Tribunal was whether it was reasonable in all the circumstances to grant the applicant an extension of time to pursue his application for review. This involved considering several factors, including the length of the delay in seeking the extension, the adequacy of the explanation provided for that delay, the merits of the substantive application for review, and the availability of alternative avenues for relief.

The Tribunal reasoned that the applicant's delay in seeking the extension was very significant and that the explanation offered for this delay was neither reasonable nor satisfactory. Furthermore, the Tribunal found that the merits of the substantive application for review were low, particularly given the applicant's failure to successfully sit the necessary citizenship test as required by sections 21(2)(e)-(f) of the *Citizenship Act 2007* (Cth). The Tribunal also noted that an adequate and satisfactory alternative avenue was available to the applicant, namely the ability to make a fresh application for citizenship, which would address the existing defects.

Cumulatively, these factors – the extent of the delay, the unconvincing explanation, the unmeritorious nature of the original application, and the availability of an alternative avenue – led the Tribunal to conclude that it was not reasonable to grant the extension of time sought. Accordingly, the application for an extension of time was refused.