NLJV v Minister for Immigration, Citizenship and Multicultural Affairs

The case of NLJV v Minister for Immigration, Citizenship and Multicultural Affairs involves a non-citizen, NLJV, who sought an extension of time to appeal a decision of the Administrative Appeals Tribunal (AAT) affirming a decision of the Minister not to revoke the cancellation of his visa. The applicant had previously sought judicial review of a similar decision, which had been dismissed, but he failed to disclose this earlier proceeding in his affidavit supporting the current application. The court was required to determine whether the application was incompetent due to the undisclosed proceeding and whether it constituted an abuse of process.

The court held that the application was incompetent because the applicant had failed to disclose his earlier application for judicial review of a similar decision. The court also found that the application was an abuse of process because the applicant had not provided a satisfactory explanation for the delay in making the current application. The applicant's explanation for the delay was that there had been COVID-19 restrictions at the detention centre where he was held, which prevented him from receiving assistance with his court papers, and that he was not computer literate. However, the court noted that the applicant had been provided with assistance from welfare staff and that his explanation for the delay was not sufficient.

The court dismissed the application for an extension of time and ordered the applicant to pay the costs of the first respondent. The court found that the applicant's failure to disclose his earlier application for judicial review was a serious matter that went to the competence of the application, and that the applicant's explanation for the delay was not satisfactory. The court also noted that the application was an abuse of process because the applicant had not provided a satisfactory explanation for the delay, and that the applicant's failure to disclose his earlier application was a deliberate attempt to conceal a relevant fact.