WADF v Minister for Immigration & Multicultural Affairs [2002] FCAFC 151

FEDERAL COURT OF AUSTRALIA

WADF v Minister for Immigration & Multicultural Affairs [2002] FCAFC 151 WADF v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W 581 of 2001 GRAY, RD NICHOLSON & EMMETT JJ 22 MAY 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W581 OF 2001

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: WADF

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGES: GRAY, RD NICHOLSON & EMMETT JJ

DATE OF ORDER: 22 MAY 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. pursuant to Order 52 Rule 15(2) of the Federal Court Rules, the time for filing and service of the Notice of appeal be extended to 20 December 2001; 2. the appeal be dismissed; and 3. the appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W581 OF 2001

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: WADF

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: GRAY, RD NICHOLSON & EMMETT JJ

DATE: 22 MAY 2002

PLACE: PERTH

REASONS FOR JUDGMENT GRAY J 1 I ask Emmett J to deliver the first judgment. EMMETT J 2 The appellant is a national of Iran. He arrived in Australia on 23 December 2000. On 21 January 2001 he applied for a protection (Class XA) visa pursuant to the Migration Act 1958 (Cth) ("the Act"). A delegate of the respondent, the Minister for Immigration and Multicultural Affairs ("the Minister") refused to grant a visa on 12 February 2001. On 14 February 2001 the appellant applied to the Refugee Review Tribunal ("the Tribunal") for review of that decision. The Tribunal, by a decision made on 30 April 2001, affirmed the decision to refuse the appellant a protection visa. By an application to this Court, filed on 21 May 2001, the appellant sought an order of review of the Tribunal's decision. On 22 November 2001, a judge of the Court ordered that the application be dismissed with costs. On 20 December 2001, the appellant filed a Notice of appeal from those orders. 3 Under O 52 r 15(a) of the Federal Court Rules, the appeal was therefore brought out of time, since the twenty-one days allowed by the rules expired on 12 December 2001. However, no objection was raised to an order extending time for the filing of a Notice of appeal. Accordingly, the Court ordered that the time for filing the notice of appeal be enlarged to the date on which it was filed.