VGAU of 2002 v Minister For Immigration & Multicultural & Indigenous Affairs [2004] FCA 145

FEDERAL COURT OF AUSTRALIA

VGAU of 2002 v Minister For Immigration & Multicultural & Indigenous Affairs [2004] FCA 145 MIGRATION - application for extension of time within which to appeal from a decision of Federal Magistrates Court - need for "special reasons" - whether applicant's mistaken belief as to relevant period amounts to adequate explanation - relevance of strength of applicant's proposed grounds of appeal - application for extension of time refused

Federal Court of Australia Act 1976 (Cth) s 25(1A) Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 474(1), 476 (since repealed), 424, 427(1)(d) Federal Court Rules 1976 (Cth) O 52 r 15 R v Hickman; Ex Parte Fox and Clinton (1945) 70 CLR 598 referred to Jess v Scott (1986) 12 FCR 187 followed Palata Investments Ltd v Burt & Sinfield Ltd [1985] 2 All ER 517 referred to Gallo v Dawson (1990 64 ALJR 458 referred to Avesta v Minister for Immigration & Multicultural Affairs [2002] FCAFC 121 referred to Minister for Immigration & Multicultural Affairs v Anthonypillai (2001) 106 FCR 426 referred to WAGJ v Minister of Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 277 referred to Abebe v Commonwealth of Australia (1999) 197 CLR 510 followed VGAU of 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS V334 OF 2003 CRENNAN J 17 MARCH 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V334 OF 2003

On appeal from the Federal Magistrates Court of Australia constituted by Bryant CFM

BETWEEN: APPLICANT VGAU OF 2002

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: CRENNAN J

DATE OF ORDER: 17 MARCH 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application for extension of time within which to file and serve the notice of appeal is dismissed. 2. The applicant is to 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.