SZUPE v Minister for Immigration

The applicant, SZUPE, sought judicial review of a decision made by the former Refugee Review Tribunal. The Minister for Immigration was the respondent. The sole ground of review advanced by the applicant was an impermissible merits review of the Tribunal's decision, which the Court noted was not a proper basis for judicial review.

The Court was required to determine whether to grant an extension of time for the applicant to make a competent application to the Court. In considering this application, the Court had to assess whether there was a satisfactory explanation for the delay in filing the application and whether the applicant had reasonable prospects of success in the substantive review.

Justice Nicholls found that there was no satisfactory explanation for the significant delay in the applicant filing their application. Furthermore, the Court concluded that the applicant had no reasonable prospects of success in the substantive review, given that the sole ground of review sought to re-examine the merits of the Tribunal's decision rather than identify an error of law. Accordingly, the application for an extension of time was refused.