Singh v Minister for Immigration

Mr Singh sought judicial review of a decision made by the Migration Review Tribunal. The Minister for Immigration was the respondent. The matter came before Judge Antoni Lucev of the Federal Circuit Court of Australia.

The primary legal issue before the Court was whether Mr Singh should be granted an extension of time to file his application for judicial review. This involved determining whether Mr Singh had provided a satisfactory explanation for the delay in filing his application within the prescribed 35-day period.

The Court considered that Mr Singh was notified of the time limit for filing a judicial review application and the requirement to seek an extension of time with an explanation. Ignorance of the time limit was not, without more, a satisfactory explanation for delay. Mr Singh contended that his delay was partly due to applying for Ministerial intervention. However, the Court held, consistent with established authority, that an application for Ministerial intervention does not provide a satisfactory explanation for delay in filing an application for judicial review. The Court noted that pursuing Ministerial intervention and seeking judicial review are not mutually exclusive, and an applicant must not delay in pursuing available legal avenues.

The Court found that Mr Singh had not adequately explained the delay in filing his application for judicial review. Consequently, the application for an extension of time was refused.