No adequate explanation given to excuse delay in challenging refusal of refugee status

Judicial review – asylum and immigration – application for an extension of time to judicially review the Refugee Applications Commissioner – challenge the decision of the commissioner to refuse to recommend that he be granted refugee status – commissioner found biometric data was not held at the refugee camp in Malawi in relation to him – it is complained that this was not put to him prior to the decision being made – breach of fair procedures – commissioner erroneously recorded that the UNHCR letter of the 7th April 2016 was a document submitted by the applicant as opposed to a document which was secured directly by the commissioner - no explanation as to the delay before proceedings issued - already lodged a notice of appeal – circumstances when new information needs to be put to the applicant depends upon whether it materially changes the picture before the decision maker - not all failures to put information would be fatal – principles governing extension of time – applicant requires an extension of time of five times the statutory period - relying on his own decision not to secure legal assistance as an excusable ground for delay – Court cannot accept this ground – case is arguable – Court cannot see how injustice would be perpetrated on the applicant by a failure to grant an extension of time in particular as, to date, the biometric information is not yet available, and an appeal is being processed which is a full appeal – Court found that although the applicant has sought to explain the delay the Court not satisfied that the explanation given excuses the delay - the fact that grounds seeking relief are arguable does not trump all other considerations as to whether to extend time or not - application to extend time so as to pursue an application for leave is refused.