The High Court refused to extend time for the applicant to seek leave to apply for judicial review. The High Court found that although the fault had been the solicitor’s rather than the applicant’s, this was not sufficient reason to extend the time for the purposes of Section 5 of the Illegal Immigrants (Trafficking) Act 2000. The Applicant appealed this decision to the Supreme Court.
The Supreme Court, in allowing the appeal, held that there were good and sufficient reasons for extending the time for the application for judicial review as the applicant had an arguable case, the extent of the delay was short, the case straddled a time of transition in the law, the reasons for the delay were largely the culpability of legal advisors and the State was not prejudiced by the delay. It was made clear, however, that the fact that the applicant was not to blame for the delay was not in itself sufficient reason to extend time limits.