Hoang v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs

The applicant, Van Hung Hoang, a citizen of Vietnam, sought judicial review of a decision by the Administrative Appeals Tribunal (the Tribunal) which affirmed the Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs' refusal to grant him a Student (Temporary) (class TU) Student (subclass 500) visa. The application to the Federal Court was filed 67 days outside the 35-day time limit prescribed by s 477 of the *Migration Act 1958* (Cth), requiring the applicant to obtain an order extending time.

The Court was required to determine whether to grant the applicant an extension of time to file his substantive application for judicial review, pursuant to s 477(2) of the *Migration Act 1958* (Cth). This involved considering whether the applicant had provided a written explanation for the delay and whether it was in the interests of the administration of justice to grant the extension. The Court considered the length of the delay, the applicant's explanation for the delay, any prejudice to the Minister, and the merits of the proposed judicial review application.

Kendall J found that while the applicant's explanation for the delay, citing difficulties in completing the application due to English being his second language and his father's illness, was partially accepted and given some weight, it was not entirely satisfactory given the common challenges faced by unrepresented applicants. The Court noted that the majority of applicants, despite similar difficulties, manage to file within the time limits. The Minister did not claim prejudice, which was given some weight in favour of an extension. However, the Court found that the merits of the proposed judicial review application were not sufficiently demonstrated to warrant an extension, applying an impressionistic assessment of whether an arguable case was raised.

Ultimately, the Court dismissed the application for an order pursuant to s 477 of the *Migration Act 1958* (Cth), refusing to grant the applicant an extension of time within which to file his substantive application for judicial review.