Runghsawmee v Minister for Immigration & Anor

Runghsawmee (the applicant) sought judicial review of a decision made by the Administrative Appeals Tribunal (the Tribunal) concerning a Regional Employer Nomination visa. The Minister for Immigration and Border Protection (the respondent) was the other party. The application was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was whether the Tribunal had committed a jurisdictional error in its decision regarding the applicant's visa application. This involved an assessment of whether the Tribunal had properly considered all relevant factors and applied the correct legal principles in determining the applicant's eligibility for the visa.

Justice Lucev considered the applicant's request for an extension of time to file the application for judicial review. In determining whether to grant the extension, his Honour applied the principles established in cases such as *Sydel Pty Ltd v Minister for Immigration and Ethnic Affairs* and *Bragg v Minister for Immigration and Ethnic Affairs*, which require a balancing of factors including the length of the delay, the reasons for the delay, the merits of the substantive application, and the prejudice to the respondent. His Honour found that the applicant had not established sufficient grounds to warrant an extension of time.

Consequently, the application for judicial review was dismissed.