Alshams v Minister for Immigration & Multicultural Affairs [2000] FCA 586

FEDERAL COURT OF AUSTRALIA

Alshams v Minister for Immigration & Multicultural Affairs [2000] FCA 586

MAQSOOD ALSHAMS v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 362 OF 2000 EINFELD J 1 MAY 2000

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 362 OF 2000

BETWEEN: MAQSOOD ALSHAMS

Appellant

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Respondent

JUDGE: EINFELD J

DATE: 1 MAY 2000

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The appellant applies for an extension of time in which to file and serve a notice of appeal from a judgment given by Justice Mansfield on 2 December last year dismissing the appellant's application for refugee status. At that time his Honour extended the time for filing an appeal and an appeal was filed within the extended time specified. Subsequently the appellant saw fit, apparently with some advice, to make an application to the Minister for his intervention pursuant to section 417 of the Migration Act. He was informed that the Minister would not be likely to consider that application while there were outstanding proceedings in the Federal Court. Preferring, therefore, to pursue his chances with the Minister, he withdrew the appeal by letter faxed to the Court and to the Australian Government Solicitor on or about 5 January 2000. 2 The appellant was only advised on 12 April in a telephone conversation with an officer of the Immigration Department that his application to the Minister had been refused. Accordingly, on 17 April he filed with the Court an application for an extension of time to file and serve the Notice of Appeal and an affidavit supporting that application. I have read the affidavit and have taken into account everything that has been said on behalf of the Minister against the application being granted but have decided that it is appropriate, in all the circumstances, to grant the application without thereby purporting to express any opinion as to the chances of the appellant on the appeal. The extension of time will apply to Friday 12 May so that, by that date, the Notice of Appeal must be filed. 3 Costs of this application will be reserved to the appeal.