P1/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1370

FEDERAL COURT OF AUSTRALIA

P1/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1370 PROCEDURE – appeal – application for extension of time to file notice of appeal – error of solicitor and counsel – notice filed one day after due date – appeal said to be contingent upon admission of further evidence – grounds of appeal disclosing no sufficient prospects of success – proceeding from which appeal sought subject to grant of leave to appeal – proceeding interlocutory – review processes being otherwise accessed by applicant – extension refused Migration Act 1958 (Cth) ss 196(1), 198A, 198A(3) Federal Court Rules O 52 r 15 Jess v Scott (1986) 12 FCR 187 cited Palata Investments Ltd v Burt & Sinfield Ltd [1985] 2 All ER 517 cited WAAD v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 399 considered WABX v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 300 cited P1/2003 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS W156 of 2003 RD NICHOLSON 26 NOVEMBER 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W156 OF 2003

BETWEEN: P1/2003

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: RD NICHOLSON J

DATE OF ORDER: 26 NOVEMBER 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The applicant's application for extension of time to file and serve a notice of appeal filed on 28 October 2003 be refused. 2. The applicant pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W156 OF 2003

BETWEEN: P1/2003