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

This matter concerned an application by Mr Ungormus for an extension of time to lodge a substantive application for Australian citizenship by conferral. The applicant had failed the citizenship test on multiple occasions. The dispute before the Administrative Appeals Tribunal was whether to grant the extension of time.

The Tribunal was required to determine two key issues: first, whether there was an acceptable explanation for the applicant's short delay in seeking the extension; and second, whether the substantive application for citizenship had merits, such that it would be reasonable in all the circumstances to grant the extension.

The Tribunal found that while the applicant had provided a reasonable explanation for the delay, the substantive application for citizenship had little prospect of success. The Tribunal noted that other avenues for applying for Australian citizenship remained open to the applicant. Applying the principles from *Becek and Department of Immigration and Citizenship*, the Tribunal concluded that, given the limited utility of the substantive application, it was more appropriate for the applicant to make a fresh application for citizenship, to be considered in light of his current circumstances.

Consequently, the application for an extension of time was refused.