Mohammed and Minister for Home Affairs (Citizenship)

This matter concerned an application for an extension of time to lodge an application for Australian citizenship. The applicant sought this extension, but the Minister for Home Affairs opposed the request. The decision was made by I Fletcher M.

The primary legal issue before the Tribunal was whether to grant the applicant an extension of time to apply for Australian citizenship. This required the Tribunal to consider the adequacy of the explanation for the delay, the significance of the delay itself, the merit of the underlying application, and the overall fairness and equity of granting an extension in the circumstances.

The Tribunal refused the application for an extension of time. It reasoned that the applicant's explanation for the considerable delay was inadequate. Furthermore, the Tribunal found the delay to be significant, the underlying application to lack merit, and that it would not be fair and equitable to grant the extension given all the circumstances. The applicant indicated an intention to lodge a new application for citizenship should this request be refused.