Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Potier v Minister for Immigration & Multicultural Affairs [2001] FCA 217
APPEALS – application for an extension of time within which to file and serve a notice of appeal – whether appeal has any prospect of success IMMIGRATION – whether being a non-citizen in Australia to whom Australia has protection obligations under the Refugees Convention is a mandatory criterion for the grant of a protection visa
Migration Act 1958 (Cth) s 36
Federal Court Rules O 52 r 15(2)
Jones v The Queen (Gallop, Neaves & Beaumont JJ, 17 August 1984, unreported) followed
MALCOLM HUNTLEY POTIER v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1357 of 2000 STONE J 27 FEBRUARY 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1357 OF 2000
BETWEEN: MALCOLM HUNTLEY POTIER
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: STONE J
DATE OF ORDER: 27 FEBRUARY 2001
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 N 1357 of 2000
BETWEEN: MALCOLM HUNTLEY POTIER
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: STONE J
DATE: 27 FEBRUARY 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 I have before me an application for an extension of time within which to file and serve a notice of appeal from the judgment of Wilcox J pronounced on 3 November 2000 at Sydney. The application was filed on 28 November 2000. Under O 52 r 15(1)(a) of the Federal Court Rules, a notice of appeal is generally to be filed and served within 21 days after the date on which the judgment appealed from is pronounced. Accordingly, the applicant's notice was out of time by some days. However, O 52 r 15(2) provides that the Court has discretion to give leave to appeal out of time "for special reasons". The applicant seeks an exercise of this discretion in his favour.
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