The Court refused an extension of the 35-day time limit under s 477 of the Migration Act for a second application for judicial review of the same Tribunal decision, filed approximately 5 years and 4 months late. Applying Tu'uta Katoa v Minister for Immigration [2022] HCA 28, the Court held that the significant unexplained delay, the abuse of process in filing a duplicate application where the earlier proceeding had been administratively re-enlivened for reinstatement, and the complete absence of merit in the underlying grounds weighed strongly against granting an extension. The absence of prejudice to the respondent was treated as a neutral factor insufficient to overcome the other considerations.
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