The Court dismissed an application for extension of time to seek judicial review of an AAT decision as incompetent, because the applicant failed to disclose a prior judicial review proceeding in relation to the same Tribunal decision as required by s 486D(1) of the Migration Act 1958 (Cth). The Court confirmed that s 486D(1) compliance is a jurisdictional precondition that cannot be waived, and that the involvement of a third-party agent in preparing the application did not excuse non-compliance. The Court further noted that even absent the s 486D(1) deficiency, the proceeding was liable to summary dismissal as an abuse of process on res judicata and Anshun estoppel grounds.
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