Zhang v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

This matter concerned an application for an extension of time to seek judicial review of a decision made by the Administrative Appeals Tribunal (the second respondent). The applicants, a husband and wife, sought to judicially review the Tribunal's decision affirming a delegate's refusal to grant the wife a Student (Temporary) (Class TU) (Subclass 500) visa. The delegate had refused the visa on the basis that the wife did not genuinely intend to stay temporarily in Australia, a finding later affirmed by the Tribunal.

The primary legal issue before the court was whether to grant an extension of time for the applicants to file their application for judicial review. This required the court to consider whether the proposed grounds of review were sufficiently arguable to warrant an extension in the interests of the administration of justice, and to assess the applicants' delay in seeking the extension and the lack of explanation for that delay.

Jarrett J found that the Tribunal's findings, including concerns about the applicant's attendance at her studies, her inability to accurately recall details of her course, and her explanation for her presence in Australia, were clearly open to it. The court held that the Tribunal's conclusions were reasonable and clearly expressed. The judge noted that the applicant could not articulate any error in the Tribunal's decision and that her submissions indicated a desire to remain in Australia rather than pursue a genuine study objective. Consequently, the court was not satisfied that the proposed grounds of review disclosed sufficient merit, even at an impressionistic level, to justify an extension of time. The delay in seeking the extension and the absence of an explanation for it further militated against granting the application.

Accordingly, the application for an extension of time was dismissed, with costs awarded to the first respondent in the amount sought.