Applicant NAIK of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 161

FEDERAL COURT OF AUSTRALIA

Applicant NAIK of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 161 MIGRATION – application for extension of time in which to appeal from decision of Federal Magistrates Court, dismissing application for review of decision of Refugee Review Tribunal affirming refusal of protection visa – complaints about illogicality of reasoning in grappling with factual matters – held not to constitute error of law or jurisdictional error Minister for Immigration and Multicultural Affairs v Epeabaka (1999) 84 FCR 411 followed Minister for Immigration and Multicultural Affairs v Perera (2001) 183 ALR 204 followed Avesta v Minister for Immigration and Multicultural Affairs [2002] FCAFC 121 followed W26 v Minister for Immigration and Multicultural Affairs [2002] FCAFC 90 followed

APPLICANT NAIK OF 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 1326 OF 2002 LINDGREN J 28 FEBRUARY 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1326 OF 2002

BETWEEN: APPLICANT NAIK OF 2002

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: LINDGREN J

DATE OF ORDER: 28 FEBRUARY 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for an extension of time in which to file a notice of appeal be dismissed. 2. The applicant pay the respondent's 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 N 1326 OF 2002

BETWEEN: APPLICANT NAIK OF 2002

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: LINDGREN J

DATE: 28 FEBRUARY 2003