SZACO v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 235

FEDERAL COURT OF AUSTRALIA

SZACO v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 235 SZACO V FOR MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 861 OF 2003 BEAUMONT, NORTH & EMMETT JJ 24 AUGUST 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 861 OF 2003

BETWEEN: SZACO

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: BEAUMONT, NORTH AND EMMETT JJ

DATE OF ORDER: 24 AUGUST 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for extension of time be dismissed, with costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 861 OF 2003

BETWEEN: SZACO

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: BEAUMONT, NORTH AND EMMETT JJ

DATE: 24 AUGUST 2004

PLACE: SYDNEY

REASONS FOR JUDGMENT (ON APPLICATION FOR EXTENSION OF TIME TO FILE AND SERVE NOTICE OF APPEAL FROM THE FEDERAL MAGISTRATES COURT)

THE COURT:

INTRODUCTION 1 On 16 December 2002, the applicant sought judicial review by the Federal Magistrates Court of a decision of the Refugee Review Tribunal ('the Tribunal') made on 30 October 2002, handed down on 21 November 2002, which affirmed a decision of the respondent's delegate not to grant the applicant a protection visa. 2 On 26 June 2003, Driver FM dismissed the application. 3 On 21 July 2003, the applicant filed in this Court an application for an extension of time to appeal from the judgment of Driver FM. The applicant supported his application with his affidavit sworn 21 July 2003. 4 On 19 August 2003, Wilcox J made orders extending time until 4.00 pm on Friday, 22 August 2003. No notice of appeal was filed. However, at the hearing before us, the applicant said that he had attempted to file a notice of appeal on Monday, 25 August 2003 but that the Registry had rejected it. The applicant did not have the appeal document in Court, but said that it was at his home. The applicant later brought the document to Court. It is headed as an affidavit by the applicant, sworn by him on 21 August 2003. 5 On 16 June 2004, the applicant filed a further application for an extension of time to appeal from the judgment of Driver FM. The applicant filed an affidavit in support sworn 16 June 2004. On 10 August 2004, the applicant filed a further affidavit in support. It is this application that is now before us. 6 On 16 August 2004, the respondent filed a notice of objection to competency, contending that this Court has no jurisdiction to consider a second application for a grant of an extension of time to lodge a notice of appeal.