Ariaee v Minister for Immigration & Multicultural Affairs [2001] FCA 1627

FEDERAL COURT OF AUSTRALIA

Ariaee v Minister for Immigration & Multicultural Affairs [2001] FCA 1627 PRACTICE & PROCEDURE - application under O 52 r 15 for an extension of time within which to appeal – whether applicant has an arguable case on appeal – whether "special reasons" exist for exercising the discretion of the Court to grant an extension MIGRATION – refugees – persecution – whether discriminatory conduct by reason of ethnicity may amount to persecution. Migration Act 1958 (Cth) Federal Court of Australia Act 1976 (Cth) s 25(2)(b) Federal Court Rules 052 r 15(1),(2) Wati v Minister for Immigration and Multicultural Affairs (1997) 78 FCR 543 referred to Jess v Scott (1986) 12 FCR 187 followed Chan Yee Kin v Minister for Immigration and Multicultural Affairs (1989) 169 CLR 379 followed Applicant A v Minister for Immigration and Multicultural Affairs (1997) 190 CLR 225 followed Chen v Minister for Immigration and Multicultural Affairs (2000) 170 ALR 553 followed Atkinson v Commissioner of Taxation [2000] FCA 998 referred to Atkinson v Commissioner of Taxation [2000] FCR 1621 referred to Tydeman v Deputy Registrar of Child Support Agency [1999] FCA 936 referred to Brehoi v Minister for Immigration and Multicultural Affairs [1999] FCA 772 referred to Howard v Australian Electoral Commission [2000] FCA 1767 referred to HESAM ARIAEE v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS S 13 of 2001 MANSFIELD J ADELAIDE 28 NOVEMBER 2001

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 13 OF 2001

BETWEEN: HESAM ARIAEE

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 28 NOVEMBER

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. Leave is granted to the applicant Hesam Ariaee to file and serve by 10 December 2001 a notice of appeal from the judgment given on 9 May 2001 dismissing his application to review a decision of the Refugee Review Tribunal. 2. Costs of the application to extend the time to appeal are to be the costs of the respondent the Minister for Immigration & Multicultural Affairs on the proposed appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.