Kyunde v Minister for Immigration

Kyunde (the applicant) sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which dismissed an application for an extension of time to lodge a substantive application for review of a student visa refusal. The applicant had filed the substantive application 20 days after the prescribed time limit.

The primary legal issue before the Federal Court was whether the AAT had erred in law by failing to grant the applicant an extension of time to lodge their substantive application. This required the Court to consider the criteria the AAT must apply when determining an application for an extension of time, particularly in circumstances where the applicant does not demonstrate a reasonably arguable case.

Justice Kendall found that the AAT had correctly applied the relevant legal principles. The AAT was entitled to consider the merits of the substantive application when deciding whether to grant an extension of time. As the applicant had failed to demonstrate that they had a reasonably arguable case for the review of the original visa refusal, the AAT did not err in law by dismissing the application for an extension of time.

The application for judicial review was dismissed.