Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nawajh v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 967 RAKESH NAWAJH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 847 OF 2004 GYLES J 9 JULY 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 847 OF 2004
BETWEEN: RAKESH NAWAJH
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: GYLES J
DATE OF ORDER: 9 JULY 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant is to pay the Minister's costs. 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 N 847 OF 2004
BETWEEN: RAKESH NAWAJH
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: GYLES J
DATE: 9 JULY 2004
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an application for leave to appeal out of time from a decision of Federal Magistrate Driver who on 14 November 2002 dismissed an application for judicial review of a decision of the Migration Review Tribunal which had been handed down on 20 June 2002. The applicant was represented before the learned Federal Magistrate and his Honour dismissed the application on the merits in a reasoned decision. 2 The explanation given by the applicant for the delay in seeking leave to appeal is that he commenced proceedings in this Court for judicial review of the same Migration Review Tribunal decision having instructed one Mark Clisby to act on his behalf. That application was filed on 19 June 2003. Leave to discontinue that proceeding was granted by Selway J on 6 February this year with costs to be paid fixed at $1200. This application for extension of time was filed on 24 May 2004. The application annexes to it a draft notice of appeal which simply says: '(a) that the facts of my case was misunderstood.
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