SZKNX v Minister for Immigration & Anor

The applicant, identified as SZKNX, sought judicial review of a decision by the Refugee Review Tribunal (RRT) affirming a decision of a delegate of the Minister for Immigration, which refused to grant the applicant a protection visa. The Federal Circuit and Family Court of Australia was tasked with determining the merits of the applicant's challenge to the RRT's decision, as well as whether the application was lodged within the requisite time frame. The primary legal issue revolved around the timeliness of the application for judicial review, specifically whether the application was made within the 28-day period stipulated by the Migration Act 1958. Additionally, the court needed to consider whether the applicant could demonstrate any exceptional circumstances that might justify an extension of the time limit.

The court found that the applicant's application for review was not only beyond the statutory 28-day period but also did not meet any of the exceptional circumstances that could justify an extension. The court held that the application was out of time and, as such, lacked the necessary jurisdiction to entertain it. Consequently, the application was deemed incompetent and dismissed. The court also ordered that the applicant pay the first respondent's costs, fixed at $2,200, with a twelve-month period allowed for payment.