Tsering and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship)

The applicant, Tsering, sought an extension of time to lodge an appeal against a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs refusing their application for citizenship. The Administrative Appeals Tribunal (AAT) considered the application for an extension of time.

The primary legal issue before the Tribunal was whether to grant an extension of time for the applicant to lodge their appeal, given that the 28-day period for lodging the appeal had elapsed by approximately six months. This required the Tribunal to assess the adequacy of the explanation provided for the delay and the prospects of success of the appeal itself.

The Tribunal refused the application for an extension of time. It reasoned that the extent of the delay had not been acceptably explained by the applicant. Furthermore, the Tribunal found that the prospects of success for the appeal were very limited. The Tribunal noted that this refusal did not prevent the applicant from lodging a further application for citizenship in the future, potentially when their rehabilitation and good character could be more readily assessed.