Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Monn v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1164
PRACTICE AND PROCEDURE - application for extension of time to appeal - whether 'special reasons' for the purposes of O 52 r 15(2) JENNIFER N MONN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS Q149 of 2002 COOPER J BRISBANE 23 OCTOBER 2003
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q149 OF 2002
BETWEEN: JENNIFER N MONN
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: COOPER J
DATE OF ORDER: 23 OCTOBER 2003
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay the respondent's costs of the application to be taxed, if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q149 OF 2002
BETWEEN: JENNIFER N MONN
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: COOPER J
DATE: 23 OCTOBER 2003
PLACE: BRISBANE
REASONS FOR JUDGMENT
background 1 On 17 September 2002, the applicant filed an application for an Order of Review of a decision of the Migration Review Tribunal ('the MRT') affirming a decision of the Minister's delegate to refuse to grant the applicant a Medical Treatment (Long Stay) Visa (Subclass 685). 2 On 16 April 2003, Dowsett J made the following orders in respect of the application for an Order of Review: '1. The application is dismissed. 2. The Applicant pay the Respondent's costs of the application and any reserved costs. 3. The operation of this order is suspended for seven days. 4. The Applicant has liberty to apply within seven days to vacate this order, explaining her failure to appear today with appropriate supporting evidence.' 3 On 12 May 2003, the applicant filed a notice of motion seeking 'that the order made on 16th April 2003 by Dowsett J be vacated to allow the applicant to proceed with her application'. The application was dismissed by Dowsett J after a hearing on 6 June 2003. His Honour ordered that the applicant pay the respondent's costs. His Honour gave oral reasons for dismissing the notice of motion on 6 June 2003. Written reasons were certified by his Honour's associate on 18 July 2003. 4 On 18 July 2003, the applicant filed an application for extension of time to file and serve a notice of appeal from the decision of Dowsett J as she had not filed and served a notice of appeal within the time limited by O 52 r 15 of the Federal Court Rules.
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