SZVZY v Minister for Immigration & Border Protection

The applicant, SZVZY, sought judicial review of a decision made by the Refugee Review Tribunal (RRT). The Minister for Immigration and Border Protection was the respondent. The case came before Emmett J.

The primary legal issue before the Court was whether to grant an extension of time for SZVZY to seek judicial review of the RRT's decision, which had been made approximately 17 months prior to the application for relief. A secondary issue concerned the prospects of success of SZVZY's grounds of review, particularly in relation to the RRT's findings about the applicant's ability to present oral evidence.

Emmett J referred to the principles articulated in *Re Commonwealth of Australia; Ex Parte Marks*, which establish that an extension of time for seeking relief against a public body's decision will only be granted if necessary to do justice between the parties. This requires 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 prerogative writs, the public interest in bringing litigation to an end is a significant factor. His Honour noted that a 17-month delay in seeking relief, without any conduct by the respondent contributing to the delay, makes it difficult to grant an extension, as rules of court must be obeyed and ample time is generally provided for such applications. The Court also considered the applicant's failure to appear on a previous court date and his explanations for these matters, alongside the merits of his grounds of review.

The Court indicated that it would consider the applicant's explanations for his delay and his failure to appear, as well as the prospects of success of his grounds of review, in determining whether to grant an extension of time. The applicant's first ground of review, which questioned the RRT's finding that he presented his oral evidence without difficulty, was examined in the context of the RRT's assessment of a report provided by Dr Jacmon.