SJRP and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship)

This matter concerned an application for an extension of time to make an application for review, brought by SJRP against the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The decision was made by SM A Poljak in the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether it was reasonable in all the circumstances to grant the applicant an extension of time to lodge their application for review. This required the Tribunal to consider the extent and reason for the delay, as well as the merits of the substantive matter.

SM A Poljak reasoned that the applicant's prospects of success in the substantive matter were not so hopeless or lacking as to preclude the granting of an extension. Applying the principles governing applications for extensions of time, the Tribunal found it reasonable in all the circumstances to grant the applicant's application pursuant to subsection 29(7) of the *Administrative Appeals Tribunal Act 1975* (Cth). The application for an extension of time was therefore granted.