Applicant A26 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 185

FEDERAL COURT OF AUSTRALIA

Applicant A26 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 185

PRACTICE AND PROCEDURE – appeal from decision of single judge refusing to grant an extension of time to bring application – leave to appeal – extension of time within which to seek leave to appeal – principles applicable on application for leave to appeal – where applicant originally sought protection visa – application denied – High Court remitted application for issue of constitutional writs to Federal Court – primary judge refused to grant applicant extension of time within which to seek issue of constitutional writs – where primary judge found application without merit – whether appropriate for appellate court to reconsider merits of claim. Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 cited Applicant S422 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 89 cited Arachchige v Minister for Immigration and Multicultural Affairs [2000] FCA 928 cited Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 77 ALJR 699 applied Dambagolla Arachchige v Minister for Immigration and Multicultural Affairs [2001] FCA 121 cited APPLICANT A26 OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S 827 of 2003 CARR, GYLES and LANDER JJ 14 JULY 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY S 827 OF 2003

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

BETWEEN: APPLICANT A26 OF 2002

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: CARR, GYLES and LANDER JJ

DATE OF ORDER: 14 JULY 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for an extension of time within which the applicant has to seek leave to appeal from Mansfield J's decision is refused. 2. The application for leave to appeal against the decision of Mansfield J refusing an extension of time to institute the application and dismissing the application is dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.