Makarov and Minister for Home Affairs (Citizenship)

The applicant, Mr. Makarov, sought an extension of time to seek review of a decision made by the Minister for Home Affairs to revoke his Australian citizenship. The original decision to revoke citizenship was made approximately twelve years prior to the application for an extension of time. Mr. Makarov had been incarcerated during this period. The Administrative Appeals Tribunal (AAT) was required to determine whether to grant this extension of time.

The central legal issue before the Tribunal was whether to grant an extension of time for Mr. Makarov to lodge his application for review. In considering this, the Tribunal had to weigh the principles governing extensions of time, particularly in circumstances involving significant delay, the applicant's incarceration, the prospects of success of the substantive application, and any prejudice to the respondent, the Minister for Home Affairs, arising from the delay. The public interest was also a relevant consideration.

The Tribunal applied the principles that an extension of time should only be granted where the substantive application has reasonable prospects of success and where the delay does not cause undue prejudice to the respondent. In this instance, the Tribunal found that the substantial delay of twelve years, coupled with the applicant's incarceration, created significant prejudice to the respondent. Furthermore, the Tribunal was not satisfied that the substantive application had reasonable prospects of success. Consequently, the Tribunal refused to grant the extension of time.