Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
"VAS" v Minister for Immigration & Multicultural & Indigenous Affairs
[2002] FCA 922
"VAS" v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS V347 of 2002 MADGWICK J 15 JULY 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY V347 of 2002
BETWEEN: "VAS"
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MADGWICK J
DATE OF ORDER: 15 JULY 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Time to file and serve a notice of appeal from the judgment of Finkelstein J dated 7 February 2002 be extended to 4:00pm Friday 19 July 2002. 2. The parties are to pay their own 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 V347 of 2002
BETWEEN: "VAS"
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MADGWICK J
DATE: 15 JULY 2002
PLACE: SYDNEY
REASONS FOR JUDGMENT (revised from transcript) HIS HONOUR: 1 This is an application for extension of time in which to file a notice of appeal from the judgment of Finkelstein J given on 7 February 2002 at Melbourne. The notice of appeal was not filed and served within the time limited by O 52 r 15 of the Federal Court Rules. 2 Before Finkelstein J, the applicant had been legally represented and his solicitor gave him a copy of the learned primary judge's judgment about two days after it was handed down. However, the applicant whose English is limited and who was apparently not dealing with an Albanian speaking solicitor said the solicitor could not give him a detailed explanation of Finkelstein J's reasons due to the language difficulties. He was, however, told that he could appeal to the Full Court. The applicant indicated he wished to do so. However, it appears that the applicant could not satisfactorily arrange payment of the solicitor's fees and the solicitor therefore declined to act further. 3 The applicant apparently did nothing further about attempting to appeal although many people in immigration detention manage to do so. About two or three weeks after the conversation with his former solicitor, the applicant was suddenly transferred from the
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