Chemaly, Yolla Majid v Minister for Immigration & Multicultural Affairs [1998] FCA 1694

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1249 of 1998

BETWEEN: YOLLA MAJID CHEMALY

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: LINDGREN J

DATE OF ORDER: 9 DECEMBER 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's 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 NG 1249 of 1998

BETWEEN: YOLLA MAJID CHEMALY

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: LINDGREN J

DATE: 9 DECEMBER 1998

PLACE: SYDNEY

REASONS FOR JUDGMENT (ex tempore)

INTRODUCTION The applicant applies for an extension of time in which to appeal from a judgment of a judge of the Court given on 26 October 1998. Order 52, r 15 of the Federal Court Rules provides for the filing and service of a notice of appeal within twenty-one days after the date when the judgment appealed from was pronounced. In the present case, that was 26 October 1998, and accordingly, the twenty one day period expired on 16 November 1998. The present application was filed on 19 November 1998, only three days after expiry of the twenty-one day period, supported by an affidavit of that date by James Coelho the solicitor for the applicant. Mr Coelho's affidavit gave an account of what had happened between Monday, 26 October and Thursday, 19 November. The period of lateness was clearly a small one. Although it is put for the respondent ("the Minister") that there is not a satisfactory explanation of the delay, I do not need to deal with this submission because in my opinion an appeal would have no prospects of success for reasons which I will mention. On that ground I propose to decline to extend the time for filing a notice of appeal.