Minister for Immigration & Multicultural & Indigenous Affairs v Sochorova [2002] FCAFC 365

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural & Indigenous Affairs v Sochorova [2002] FCAFC 365 PRACTICE & PROCEDURE – extension of time sought where no explanation offered for not complying with Federal Court Rules – absence of any material injustice that would result from declining to grant extension of time sought – proposed appeal is in essence seeking to appeal from findings and reasons rather than a judgment or order as required by s 24 Federal Court of Australia Act 1976 (Cth) WORDS & PHRASES – "judgment", "handed down" Migration Act 1958 (Cth), s 368B Federal Court of Australia Act 1976 (Cth), s 24 Federal Court Rules, O 52 r 10(2)(b)

Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344, referred to Driclad Pty Ltd v Commissioner of Taxation (Cth) (1968) 121 CLR 45, followed Landsal Pty Ltd v REI Building Society (1993) 41 FCR 421, referred to Bailey v Beagle Management Pty Ltd [2001] FCA 60; (2001) 105 FCR 136, followed MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS v TEREZA SOCHOROVA Q116 OF 2002 SPENDER, DRUMMOND AND MARSHALL JJ BRISBANE 22 NOVEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q116 OF 2002

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

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

APPLICANT

AND: TEREZA SOCHOROVA

RESPONDENT

JUDGES: SPENDER, DRUMMOND AND MARSHALL JJ

DATE OF ORDER: 18 NOVEMBER 2002

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The application for an extension of time within which to seek leave to appeal from the interlocutory orders of Kiefel J of 28 June 2002 be refused.

2. The applicant pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.