SZNZU v Minister for Immigration & Anor

The matter before the Federal Circuit and Family Court of Australia was an application by the applicant, SZNZU, for an extension of time to lodge an application for a visa and for judicial review of the decision to cancel his visa. The Minister for Immigration and another party opposed the application. The applicant sought an extension of time under section 477(2) of the Migration Act 1958 (Cth), and the court was required to determine whether the application was made within a reasonable time and if there were any exceptional circumstances warranting an extension. The applicant also sought judicial review of the decision to cancel his visa, arguing that the decision was unreasonable and that there were procedural errors.

The court found that the application for an extension of time was not made within a reasonable time and that there were no exceptional circumstances to warrant an extension. The applicant had been aware of the need to lodge an application for a visa and for judicial review since 2009, but had not taken any action until 2021. The court held that the applicant's delay was inexcusable and that there were no circumstances that could justify the delay. The court also found that the application of 2 November 2009 was incompetent as it was not made within the relevant time period and did not comply with the relevant statutory requirements.

The court refused the application for an extension of time under section 477(2) of the Migration Act 1958 (Cth) and dismissed the application of 2 November 2009 as incompetent under section 477(1) of the Migration Act 1958 (Cth). The court held that the applicant's delay in lodging the application was inexcusable and that there were no exceptional circumstances to warrant an extension. The court also found that the application of 2 November 2009 was not made within the relevant time period and did not comply with the relevant statutory requirements. As a result, the court dismissed the application for judicial review of the decision to cancel the applicant's visa.