KUMAR v Minister for Immigration

In the Federal Circuit Court of Australia, Amit Kumar (the Applicant) sought judicial review of a decision by the Migration Review Tribunal dated 2 October 2012, which affirmed the refusal of his Student (Temporary) (Class TU) Subclass 572 visa. The First Respondent was the Minister for Immigration, Multicultural Affairs and Citizenship, and the Second Respondent was the Migration Review Tribunal.

The primary legal issue before the Court was whether to grant the Applicant an extension of time to file his application for judicial review. The Applicant's stated ground for this extension was that his application for ministerial intervention was unsuccessful. The First Respondent sought dismissal of both the extension of time application and the substantive application, arguing that the Court lacked jurisdiction as the application was not filed within the 35-day time limit prescribed by s 477(1) of the *Migration Act 1958* (Cth). Furthermore, the First Respondent contended that the Applicant's substantive application lacked particulars and legal grounds, and that the Applicant had failed to provide an affidavit explaining the delay or justifying an extension of time as required by Rule 44.05(2)(c) of the Federal Circuit Court Rules.

Judge Hartnett refused the Applicant's application for an extension of time pursuant to s 477 of the *Migration Act 1958* (Cth). The Court noted that the Applicant had failed to provide any particulars or legal grounds for his substantive application, and had not complied with a Registrar's order to file an amended application with complete particulars. Crucially, the Applicant had not provided an affidavit explaining the delay or justifying the grant of an extension of time. Consequently, the Court ordered that the Applicant pay the First Respondent's costs fixed at $3,326.