LWQH and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship)

The applicant, LWQH, sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse his application for citizenship by conferral. The refusal was based on the applicant not satisfying the requirements under subsection 21(5) of the *Australian Citizenship Act 2007* (Cth). The substantive application for review was lodged outside the statutory time limit, leading to interlocutory proceedings before the Administrative Appeals Tribunal concerning an application for an extension of time under section 29 of the *Administrative Appeals Tribunal Act 1975* (Cth). The respondent opposed the extension.

The Tribunal was required to determine whether it was reasonable in all the circumstances to grant an extension of time for the applicant to lodge his review application. In considering this, the Tribunal applied well-established principles derived from case law, including *Hunter Valley Developments Pty Ltd v Cohen*. These principles require an applicant to provide an acceptable explanation for the delay and demonstrate that it is fair and equitable to extend time. The Tribunal must also consider any prejudice to the respondent, the applicant's conduct in relation to the decision, the merits of the substantive application, and considerations of fairness to other persons in similar positions.

The Tribunal noted that while an acceptable explanation for delay is not an essential precondition, it is generally expected. The overriding consideration is whether granting the extension is reasonable in all the circumstances, with the reasons for the delay and the merits of the substantive matter being the primary concerns in this instance. The Tribunal's decision ultimately refused the application for an extension of time.