Applicant S1138 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1052

FEDERAL COURT OF AUSTRALIA

Applicant S1138 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1052 PRACTICE AND PROCEDURE - Application for extension of time to file and serve application for leave to appeal and notice of appeal - O 52 r 15 of Federal Court Rules - Exercise of discretionary power - "special reasons" - applicant represented by legal advisors - no reasonable explanation of delay - applicant elected to pursue alternative remedy to appeal - proposed arguments on appeal have no prospect of success - Refugee Review Tribunal no reasonable explanation of long delay - application dismissed. Migration Act 1958 (Cth) s 91R Minister for Immigration and Multicultural Affairs v Ibrahim (2000) 204 CLR 1 cited N1202/01A v Minister for Immigration and Multicultural Affairs (2002) 68 ALD 21 discussed Hughes v National Trustee Executors and Agency Co of Australasia Ltd [1978] VR 257 cited Gallow v Dawson (1990) 93 ALR 479 cited Jess v Scott (1986) 12 FCR 187 discussed APPLICANT S1138 OF 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1088 OF 2004 TAMBERLIN J SYDNEY 17 AUGUST 2004

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1088 OF 2004

BETWEEN: APPLICANT S1138 OF 2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 17 AUGUST 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: The application is dismissed with 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 NSD 1088 OF 2004

BETWEEN: APPLICANT S1138 OF 2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS