Johnson and Minister for Immigration, Citizenship and Multicultural Affairs (Citizenship)

This matter concerned an application by Mr Johnson for an extension of time to seek review of a decision by a delegate of the Minister for Immigration, Citizenship and Multicultural Affairs to cancel the approval of his application for Australian citizenship. The Administrative Appeals Tribunal (AAT) was required to determine whether to grant this extension.

The primary legal issue before the Tribunal was whether it was reasonable in all the circumstances to extend the time for Mr Johnson to lodge his application for review, given the significant delay and the reasons provided for that delay. This involved considering the applicant's explanation for the two-year delay in filing his application, which he attributed to COVID-19 travel restrictions, family responsibilities including the birth of a second child, and support for his mother. The Tribunal also had to consider the potential prejudice to other applicants who comply with time limits and the public interest.

The Tribunal noted that while the applicant's substantive claim for citizenship might be arguable, the two-year delay was considerable and the applicant had failed to provide a reasonable excuse for it. Crucially, the Tribunal found that the evidence suggested the applicant had deliberately chosen to delay lodging his application until his personal circumstances improved, including his return to Australia and securing employment. The Tribunal held that to grant an extension in such circumstances would be unfair to other applicants who adhere to time limits and would be contrary to the public interest, referencing the principle that the apparent strength of a case can be a material consideration in granting an extension of time, but not to the extent of excusing significant delays without reasonable cause.

Consequently, the Tribunal refused Mr Johnson's application for an extension of time to seek review of the delegate's decision.