SZABE v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1468

FEDERAL COURT OF AUSTRALIA

SZABE v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1468 SZABE v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N1313 of 2003 MADGWICK J 4 DECEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1313 OF 2003

BETWEEN: SZABE

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MADGWICK J

DATE OF ORDER: 4 DECEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for extension of time to file and serve a Notice of Appeal from the judgment and orders of Driver FM given on 25 July 2003 is granted. 2. The costs of this application are reserved until the final hearing. 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 N1313 OF 2003

BETWEEN: SZABE

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MADGWICK J

DATE: 4 DECEMBER 2003

PLACE: SYDNEY

REASONS FOR JUDGMENT (revised from transcript) HIS HONOUR: 1 This is an application for an extension of time to file and serve a Notice of Appeal from the judgment and orders of Driver FM given on 25 July 2003. The application was accompanied by an affidavit sworn by the applicant and a draft Notice of Appeal. The applicant was legally represented by counsel for at least some of the proceedings before the learned Federal Magistrate and thereafter he represented himself via videolink but later his former counsel came back into the matter. 2 The judgment of the learned Federal Magistrate concerns a claim by the applicant for refugee status and his dissatisfaction with an adverse decision of the Refugee Review Tribunal. At least as far as the material before me goes, it has to be said that the applicant's case does not look promising as one for appeal, however, for reasons that have been discussed in argument which I need not detail in this judgment but which the solicitor for the Minister will well understand, I am not satisfied that the best cast was necessarily put on whatever legal points, if any, might have been available to the applicant before the learned Federal Magistrate. He is only twenty-five days out of time to file the appeal which lies as of right.