Sami v Minister for Immigration and Border Protection

In the case of Sami v Minister for Immigration and Border Protection, Mr Sami sought a review of decisions made by the delegate of the Minister for Immigration and Border Protection concerning his applications for Australian citizenship in 2005 and 2006, and an extension of time to lodge his application for review in 2013. The Federal Court was required to determine whether the Administrative Appeals Tribunal (AAT) correctly dismissed Mr Sami's application for an extension of time and whether the AAT was correct in its decision that Mr Sami's application for review was not filed within a reasonable time. The court had to assess whether the AAT erred in its legal approach and whether the delay in lodging the application for review was justifiable.

The court found that the AAT was correct in dismissing Mr Sami's application for an extension of time. The court held that Mr Sami's application for review was filed well outside the 28-day period prescribed by the Migration Act 1958 (Cth). The court also held that the AAT was correct in finding that Mr Sami had not demonstrated any arguable error in the primary judge's decision. The court noted that the AAT had considered the extensive delay in lodging the application for review and the difficulties it created in finalising Mr Sami's applications. The court held that the AAT was not persuaded by Mr Sami's reasons for the delay, including his claim that he did not receive notification of the delegate's decisions or his right of review by the Tribunal. The court held that the AAT had correctly found that Mr Sami's claim that he did not receive the notification of the 2006 decision was improbable given his regular correspondence with the former Department of Immigration and Citizenship prior to October 2003.

The court dismissed Mr Sami's application for an extension of time to lodge his application for review and ordered that the application filed on 23 September 2016 be dismissed. The court also ordered that Mr Sami pay the respondents' costs, to be taxed if not agreed.