NADK of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1470

FEDERAL COURT OF AUSTRALIA

NADK of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1470

MIGRATION – Tribunal refused protection visa – application for review dismissed - application for extension of time to file notice of appeal – Iranian national seeking protection visas for himself and family – persecution feared if return to Iran due to adherence to small minority ancient religion – principal applicant lodged notice of appeal out of time – late filing on account of delay in obtaining authentic documentation verifying basis for apprehension of harm in Iran – change in country information since Tribunal decision – next of kin already Australian residents – adjournment of decision pending pro bono legal assistance for applicant.

Migration Act 1958 (Cth) ss 417, 474

Gilani v Minister for Immigration and Multicultural Affairs [2002] FCA 327 cited WAAW v Minister for Immigration and Multicultural Affairs [2002] FMCA 64 cited Guo Wei Rang v Minister for Immigration and Ethnic Affairs and Another (1996) 135 CLR 421 cited NADK OF 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 1147 OF 2002

CONTI J 26 NOVEMBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1147 OF 2002

BETWEEN: NADK OF 2002

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: CONTI J

DATE OF ORDER: 26 NOVEMBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for an extension of time to lodge a notice of appeal from the decision of Tamberlin J made on 13 March 2002 be adjourned with liberty to restore on fourteen days' notice in writing. 2. The costs of the application to date be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.