Susaki v Minister for Immigration & Multicultural Affairs [2002] FCA 1229

FEDERAL COURT OF AUSTRALIA

Susaki v Minister for Immigration & Multicultural Affairs [2002] FCA 1229 PRACTICE & PROCEDURE – application for extension of time within which to appeal – whether "special reasons" exist for exercising discretion of the Court to grant an extension – whether any utility in granting applicant leave to appeal Federal Court Rules O 15 r 15(1)(a), O 15 r 15(2) Migration Act 1958 (Cth) s 373 Administrative Appeals Tribunal Act 1975 (Cth) s 60 Jess v Scott (1986) 12 FCR 187, followed Newington v Beneficial Finance Corp Ltd [2000] FCA 338, referred to Howard v Australian Electoral Commission [2000] FCA 1767, referred to Gatti v Shoosmith [1939] Ch 841, referred to Salter Rex & Co v Ghosh [1971] 2 QB 597, referred to R v Secretary of State for the Home Department; Ex parte Mehta [1975] 1 WLR 1087, referred to Stollznow v Calvert [1980] 2 NSWLR 749, referred to Kweifio-Okai v Royal Melbourne Institute of Technology [1999] FCA 894, referred to Spires v Secretary Department of Family & Community Services [2002] FCA 578, referred to Tvarkovski v Minister for Immigration and Multicultural Affairs [2001] FCA 375, referred to Aussie Red Equipment Pty Ltd v Antsent Pty Ltd [2001] FCA 1641, referred to One.Tel Ltd v Commissioner of Taxation (2000) 101 FCR 548, referred to YOKO SUSAKI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS & ANOR NG 872 OF 1998

STONE J 3 OCTOBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 872 OF 1998

BETWEEN: YOKO SUSAKI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

FIRST RESPONDENT

MIGRATION REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 3 OCTOBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The notice of motion filed 11 September 2002 be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.