SZUWX v Minister for Immigration and Border Protection

SZUWX, an applicant for a visa, appealed a decision of the Federal Circuit Court which had dismissed their application for an extension of time to lodge a review application. The Minister for Immigration and Border Protection sought the dismissal of the appeal, arguing that the applicant's application was filed beyond the statutory time limit and that no exceptional circumstances existed to warrant an extension. The court was required to determine whether the absence of prejudice to the respondent was a mandatory consideration when deciding whether to grant an extension of time under s 477(2) of the Migration Act 1958 (Cth).

The court found that while the absence of prejudice to the respondent was a relevant consideration, it was not mandatory. The court must have regard to all relevant considerations when exercising its discretion. The court found that the absence of prejudice was not a mandatory consideration and that the decision to dismiss the appeal was correct. The court found that the applicant's delay in lodging the review application was unreasonable, and that there were no exceptional circumstances that warranted an extension of time. The court also found that the absence of prejudice to the respondent was not a mandatory consideration when deciding whether to grant an extension of time.

The appeal was dismissed with costs. The Federal Circuit Court had correctly found that the absence of prejudice to the respondent was not a mandatory consideration when deciding whether to grant an extension of time. The court had also correctly found that the applicant's delay in lodging the review application was unreasonable, and that there were no exceptional circumstances that warranted an extension of time.