Subramaniam and Secretary, Department of Social Services (Social services second review)

The applicant, Subramaniam, sought an extension of time to appeal a decision of the Administrative Appeals Tribunal (AAT) to the Federal Circuit and Family Court of Australia. The respondent was the Secretary of the Department of Social Services.

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 seek a review of the AAT's decision. This required the Tribunal to consider the merits of the proposed appeal, even though it was not embarking on a full trial of the substantive issues.

The Tribunal reasoned that while the apparent merits of an applicant's case are relevant to the grant of an extension of time, it would not conduct a trial of the merits itself. Based on the evidence before it, and in the absence of any identified error in the AAT's findings of fact or application of legal principles, the Tribunal concluded that there was no prospect of success on a review of the AAT's decision. Consequently, the Tribunal refused the application for an extension of time.