Magar v Minister for Immigration

The applicant, Magar, sought judicial review of a decision by the Minister for Immigration. The central dispute concerned the applicant's delay in filing their application for review, and whether an extension of time should be granted. The matter was heard by Judge Riethmuller in the Federal Circuit and Family Court of Australia.

The court was required to determine two primary legal issues. Firstly, whether the applicant had established a prima facie case for an extension of time to file their application for review, given the significant delay. Secondly, if a prima facie case was established, whether the court should, in its discretion, grant that extension. This involved assessing whether the applicant had an arguable case on the merits of their underlying migration matter.

Judge Riethmuller reasoned that the applicant had failed to establish a prima facie case for an extension of time. The court found that the delay was substantial and that the applicant had not provided a satisfactory explanation for this delay. Crucially, the court also determined that the applicant did not have an arguable case on the substantive grounds of their application for review. Consequently, the court exercised its discretion against granting an extension of time.

The application was dismissed, and the applicant was ordered to pay the First Respondent’s costs fixed in the sum of $5,400.00.