Rao and Minister for Home Affairs (Citizenship)

The Administrative Appeals Tribunal (AAT) considered an application for an extension of time to lodge an appeal by Mrs Rao, the applicant, against the refusal of her application for citizenship by conferral. Mrs Rao, a citizen of the United Arab Emirates and the spouse of an Australian citizen, had lodged her citizenship application on 10 May 2018. The delegate of the Minister for Home Affairs refused this application on 28 June 2019. Mrs Rao was notified of her right to appeal within 28 days, but her appeal was lodged 10 days late, on 5 August 2019, prompting her application for an extension of time.

The Tribunal was required to determine whether there was an acceptable explanation for the delay in lodging the appeal and, if so, whether it was fair and equitable to grant an extension of time. In considering these matters, the Tribunal applied the principles established in *Hunter Valley Developments Pty Ltd v Cohen* and refined in subsequent cases, which generally involve assessing the explanation for the delay, any prejudice to the respondent, the merits of the substantial application, and considerations of fairness. The Tribunal also acknowledged the importance of observing statutory time limits, as highlighted by the High Court in *Brisbane South Regional Health Authority v Taylor*.

The applicant explained her delay by stating she was travelling intercountry with limited connectivity. The Tribunal accepted this explanation, noting that a 10-day delay was not necessarily substantial and acknowledging the difficulties with establishing secure communications, which the Tribunal itself had experienced. However, the Tribunal found that the applicant did not satisfy the merits of her substantial application, as she did not demonstrate she met all the criteria under subsection 21(2) of the *Australian Citizenship Act 2007* (Cth), particularly concerning the residence requirements.

Consequently, the Tribunal refused Mrs Rao's application for an extension of time to lodge her appeal.