Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
El-Masri v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 742
PRACTICE & PROCEDURE – appeal from judgment of FM – extension of time sought – earlier appeal discontinued – nature of statutory right to appeal – whether right to appeal from time to time – right of appeal exercised – no further right to appeal PRACTICE & PROCEDURE – deliberate decision to discontinue appeal – possible grounds of appeal overlooked – inadvertence, negligence or accident on part of representatives – no sufficient basis to grant extension of time
Federal Court of Australia Act 1976 (Cth) subs 24(1)(d) Migration Act 1958 (Cth) s 501 Federal Court Rules O 35 r 7, O 52 r 19(1A) Grierson v The King (1938) 60 CLR 431 considered Henderson v Henderson (1843) 3 Hare applied Port of Melbourne Authority v Anshun Proprietary Limited (1981) 147 CLR 589 referred to Postiglione v The Queen (1997) 189 CLR 295 considered R v Moore [1957] 1 WLR 841 (CCA) considered R v Preston [2004] SASC 77 considered AHMAD SALEH EL‑MASRI v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 374 of 2004 BRANSON J 11 JUNE 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 374 of 2004
BETWEEN: AHMAD SALEH EL-MASRI
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: BRANSON J
DATE OF ORDER: 29 APRIL 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the costs of the respondent.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 374 of 2004
BETWEEN: AHMAD SALEH EL-MASRI
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
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