SZTUF v Minister for Immigration

This matter concerned an application by the applicant for an extension of time to file an application in the Federal Circuit Court, pursuant to section 477(2) of the *Migration Act 1958* (Cth). The Minister for Immigration and Border Protection opposed the application. The application was heard by Lloyd-Jones J.

The primary legal issue before the Court was whether it was necessary in the interests of the administration of justice to grant the applicant an extension of time. Section 477(2) of the Act requires the Court to be satisfied that such an extension is necessary in the interests of the administration of justice, and that the applicant has provided reasons for this necessity in their written application.

Lloyd-Jones J noted that the applicant had not filed any written submissions in support of the extension of time application, despite being ordered to do so. The applicant’s sole justification for the delay, as stated in an affidavit, was that a friend had forgotten to inform them about collecting a letter, which they then had translated. This letter contained the Tribunal's decision, which had been sent on 22 November 2013, after the applicant's deadline for filing had passed. The Court found that the applicant had failed to provide sufficient grounds to satisfy the requirement that an extension was necessary in the interests of the administration of justice.

The application for an extension of time was dismissed.