Tuji and Minister for Immigration and Border Protection (Citizenship)

The Administrative Appeals Tribunal considered an application by Mr Tuji for an extension of time to lodge an application for review of a decision to refuse his Australian citizenship. The Minister for Immigration and Border Protection was the respondent.

The primary legal issue before the Tribunal was whether it was reasonable in all the circumstances to grant Mr Tuji an extension of time to lodge his application for review, pursuant to subsection 29(7) of the *Administrative Appeals Tribunal Act 1975* (Cth). In determining this, the Tribunal considered factors including whether an acceptable explanation for the delay had been provided, whether any action had been taken by the applicant other than the application for review, any prejudice to the respondent, the merits of the substantive case, and fairness to other persons in like positions.

The Tribunal found that Mr Tuji's application was lodged over a year outside the prescribed 28-day time limit and that he had provided no explanation for this significant delay. Furthermore, despite being notified of his review rights, Mr Tuji had taken no action to indicate an intention to appeal the decision, apart from two brief phone calls to the Department where he was advised to read the decision. The Tribunal accepted that the respondent was entitled to regard the decision as final and that there was no evidence of specific prejudice to the respondent, although it noted the general desirability of certainty and finality in public administration. No evidence had been provided by Mr Tuji to support the merits of his substantive application.

The Tribunal concluded that none of the relevant factors supported an extension of time. Accordingly, the application for an extension of time to lodge an application for review of the decision to refuse Australian citizenship was refused.