Kfoury and Secretary, Department of Social Services

The applicant, Kfoury, sought an extension of time to appeal a decision of the Administrative Appeals Tribunal (AAT) made on 15 March 2023. The respondent was the Secretary, Department of Social Services. The application for an extension of time was heard by Deputy President B W Rayment of the Administrative Appeals Tribunal.

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 lodge an appeal against the AAT's decision. This required the Tribunal to consider the explanation provided for the delay in lodging the appeal, the potential prejudice to the respondent if an extension were granted, and the substantive merits of the proposed appeal.

Deputy President Rayment refused the application for an extension of time. The Tribunal found that the explanation for the delay was insufficient and that the applicant had not demonstrated a compelling reason to grant the extension. Furthermore, the Tribunal was not satisfied that the substantive matter had sufficient merit to warrant the granting of an extension, particularly in light of the delay.