Sarkis v Minister for Immigration and Anor (No.2)

In *Sarkis v Minister for Immigration and Anor (No.2)*, the applicant sought an extension of time to apply for judicial review of a decision made by the Administrative Appeals Tribunal (the Tribunal). The Tribunal had dismissed the applicant's application for review due to his non-appearance at a scheduled hearing.

The primary legal issue before the court was whether an extension of time for the judicial review application should be granted in the interests of the administration of justice. This required the court to consider whether the applicant had provided an adequate explanation for the delay in seeking judicial review and whether the grounds of the substantive application had any merit.

The court considered the Tribunal's decision to dismiss the applicant's application for review. The Tribunal had dismissed the application because the applicant failed to provide a satisfactory explanation for his non-appearance at the hearing, despite being granted two previous adjournments and being invited to appear by telephone. The Tribunal also noted that the medical certificate provided did not sufficiently demonstrate that the applicant's medical condition prevented him from attending, either in person or by telephone. The court found that the applicant had not provided sufficient evidence to explain or excuse his failure to attend the hearing.

Consequently, the court dismissed the application for an extension of time.