W105/99A v Minister for Immigration & Multicultural Affairs [2001] FCA 1786

FEDERAL COURT OF AUSTRALIA

W105/99A v Minister for Immigration & Multicultural Affairs [2001] FCA 1786 PROCEDURE – migration – decision of primary judge affirming tribunal refusal of application for a protection visa -–whether extension of time should be granted to file and serve notice of appeal – whether special reason – whether letter from applicant to court advising intention to appeal a special reason – whether applicant has made out any real prospect of succeeding on the appeal if extension granted Migration Act 1958 (Cth) s 476 Federal Court Rules O 52 r 15, O 52 r 15(1)(a)(i),

Jess v Scott (1986) 12 FCR 187 cited Atkinson v Commissioner of Taxation [2000] FCR 1621 cited Tydeman v Deputy Registrar of Child Support Agency [1999] FCA 936 cited Brehoi v Minister for Immigration & Multicultural Affairs [1999] FCA 772 cited Howard v Australian Electoral Commission [2000] FCA 1767 cited Kalaba v The Queen (1996) No. ACT G14 of 1996, (Finn J, 13 September 1996, unreported) cited W105/99A v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W105 of 1999 RD NICHOLSON J 13 DECEMBER 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W105 of 1999

BETWEEN: W105/99A

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: RD NICHOLSON J

DATE OF ORDER: 13 DECEMBER 2001

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application for extension of time to file and serve a notice of appeal be dismissed. 2. The applicant pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W105 of 1999

BETWEEN: W105/99A

APPLICANT