Hassen, Ex parte - Re MIMA & Anor

This matter concerned an application by Mr Hassen for an order of certiorari to quash a decision of the Minister for Immigration and Multicultural Affairs (MIMA) and the Refugee Review Tribunal (RRT). The applicant sought to challenge the refusal of his application for a protection visa.

The primary legal issue before Hayne J was whether the applicant had established a prima facie case for the grant of an extension of time within which to seek judicial review of the RRT's decision. This involved considering the applicant's delay in filing the application and the merits of his proposed grounds of review.

Hayne J applied the principles governing extensions of time for judicial review, which require the applicant to demonstrate both a substantial reason for the delay and that the proposed grounds of review have sufficient merit to warrant further consideration. His Honour found that the applicant had not provided a satisfactory explanation for the significant delay in bringing the application. Furthermore, the proposed grounds of review were not considered to be sufficiently arguable to justify granting an extension of time.

Consequently, the application for an extension of time was dismissed.