NXVH and Child Support Registrar (Child support second review)

In NXVH and Child Support Registrar (Child support second review), the applicant sought an extension of time to lodge a new application for review by the Social Services and Child Support Division of the Tribunal, after a previous application had been dismissed for failing to comply with a Tribunal direction within a reasonable time. The Tribunal had refused the application for an extension of time.

The legal issues before the court were whether the Tribunal had the power to grant an extension of time in these circumstances, whether the Tribunal was *functus officio*, and whether the applicant was effectively seeking a reinstatement of the previous application. The court was also required to consider the principles and criteria relevant to applications for an extension of time, including the length of the delay, the reason for the delay, prejudice to the respondent and the public interest, and the merits of the underlying application.

The court affirmed the Tribunal's decision to refuse the extension of time. While the court considered that the applicant's underlying review application might have had some prospects of success, it did not find the merits to be so strong as to outweigh the other factors. The court found the delay in seeking review to be very significant, the explanation for the delay to be inadequate, and that granting the extension would cause some prejudice to the public interest and the other party.

Consequently, the applicant's application for an extension of time was refused, and the Tribunal's decision to affirm the decision under review was upheld.