VAF v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 196

FEDERAL COURT OF AUSTRALIA

VAF v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 196 PRACTICE AND PROCEDURE – application for extension of time within which to file and serve notice of appeal – O 52 r 15(1) of the Federal Court Rules – whether Court should grant extension of time – whether explanation of delay sufficient to excuse or at least explain delay – whether prospects of success on foreshadowed appeal sufficient to grant extension Federal Court of Australia Act 1976 (Cth), s 25(2)(b) Migration Act 1958 (Cth), ss 424A(1) and (3)(b) Federal Court Rules, O 52 r 15(1) Jess v Scott (1986) 12 FCR 187 at 195 applied VAF v Minister for Immigration and Multicultural Affairs [2003] FCA 18 referred to Minister for Immigration and Multicultural Affairs v Al Shamry (2001) 110 FCR 27 referred to VAF v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V76 of 2003 WEINBERG J 13 MARCH 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V76 OF 2003

BETWEEN: VAF

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: WEINBERG J

DATE OF ORDER: 13 MARCH 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. An extension of time be granted to the applicant until 14 March 2003 to file and serve a notice of appeal in accordance with grounds 1(b) and (c) of the "amended proposed notice of appeal" filed with the Court this day. 2. Costs be costs in the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V76 OF 2003

BETWEEN: VAF

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS