Zazzaro and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application by Mr Zazzaro for an extension of time to lodge an application for review of a decision made by the Minister for Immigration and Border Protection. The Administrative Appeals Tribunal (the Tribunal) was required to consider whether it was reasonable in all the circumstances to grant this extension.

The legal issues before the Tribunal were whether Mr Zazzaro had provided an acceptable explanation for the delay in lodging his application, whether he had rested on his rights, the potential prejudice to the Minister, and the merits of the substantive application for citizenship. The Tribunal was guided by principles established in *Re Hunter Valley Developments Pty Ltd v Minister for Home Affairs and Environment*, which include assessing the applicant's explanation for delay, their actions beyond the application for review, any prejudice to the respondent, public policy considerations, the merits of the application, and fairness to others in a similar position.

The Tribunal noted that Mr Zazzaro's explanation for the delay of two months and five days centred on his epilepsy, which he stated caused memory lapses, and his significant caregiving responsibilities for his father and grandchildren. While the Minister argued the explanation was inadequate and the merits of the citizenship application were not strong, the Tribunal found that Mr Zazzaro had provided a medical report detailing his epilepsy and its impact on his memory. Coupled with his stated preoccupation with family matters at the time, the Tribunal considered this explanation, though not compelling, to be a factor in his favour. The Tribunal also found no prejudice to the Minister due to the relatively short delay.

Ultimately, the Tribunal concluded that while the matter was finely balanced, the relatively short period of delay and the lack of prejudice to the Minister made it reasonable to extend the time for Mr Zazzaro to lodge his application for review. The Tribunal ordered that the time for lodging the application be extended to include the date on which it was lodged.