KAUR v Minister for Immigration

This matter concerned an application for judicial review of a decision by the Administrative Appeals Tribunal (AAT) in *Kaur v Minister for Immigration*. The applicant, Ms Kaur, had sought an extension of time to lodge her application for a student (temporary) higher education sector (subclass 573) visa. Her application for an extension of time was filed 213 days after the prescribed deadline.

The primary legal issue before the court was whether the AAT had erred in law by granting Ms Kaur an extension of time to lodge her visa application. This required the court to consider the proper application of the relevant migration legislation and the principles governing the exercise of discretion by the AAT in granting extensions of time.

Judge Mercuri found that the AAT had not erred in law. The Tribunal had properly considered all relevant factors in exercising its discretion to grant the extension of time, including the reasons for the delay and the merits of the substantive application. The court affirmed that the AAT's role was to consider the application for an extension of time and the subsequent visa application, and that its decision to grant the extension was within its lawful powers.

The application for judicial review was dismissed.