SZSJD v Minister for Immigration and Border Protection

This matter came before Judge Emmett of the Federal Court of Australia concerning an application by SZSJD for an extension of time to seek judicial review of a decision made by the Refugee Review Tribunal. The applicant sought to challenge the Tribunal's decision, which had been made more than 400 days prior to the filing of the application for an extension of time.

The primary legal issue before the Court was whether an extension of time should be granted pursuant to section 477 of the *Migration Act 1958* (Cth). This required the Court to determine whether it was necessary in the interests of justice to grant the extension, considering the applicant's explanation for the significant delay, the grounds of the application, and the prospects of success.

In reaching his decision, Judge Emmett referred to the principles articulated by McHugh J in *Re Commonwealth of Australia; Ex Parte Marks*. His Honour emphasised that an extension of time can only be granted if it is necessary to do justice between the parties, requiring consideration of the history of the matter, the conduct of the parties, the nature of the litigation, and the consequences of granting or refusing the extension. Crucially, for applications seeking prerogative writs against public bodies, the public interest in bringing litigation to an end is a significant factor. Judge Emmett found the applicant's explanation for the delay to be unsatisfactory and concluded that the grounds raised did not present an arguable case, noting that an inability to obtain favourable legal advice is generally not a sufficient ground for an extension, and can be an indicator of a weak case.

Consequently, Judge Emmett refused the application for an extension of time.