Applicant A148 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1416

FEDERAL COURT OF AUSTRALIA

Applicant A148 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1416 APPLICANT A148 of 2003 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SAD 204 of 2004 MANSFIELD J 28 OCTOBER 2004 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 204 OF 2004

BETWEEN: APPLICANT A148 of 2003

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 28 OCTOBER 2004

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application for an extension of time to appeal from the decision of the Court given on 30 April 2004 is refused. 2. The applicant pay to the respondent costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 204 OF 2004

BETWEEN: APPLICANT A148 of 2003

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MANSFIELD J

DATE: 28 OCTOBER 2004

PLACE: ADELAIDE

REASONS FOR JUDGMENT 1 This is an application for an extension of time to file and serve a notice of appeal from a decision of Lander J given on 30 April 2004. The application was made on 15 September 2004, considerably after the time permitted by O 52 r 15 of the Federal Court Rules. I may, however, extend the time within which to appeal under O 52 sub-r 15(2) in certain circumstances. See Jess v Scott (1986) 12 FCR 187. 2 The applicant has a long history in respect of the present application. He first applied for a protection visa on 6 July 2000. That application was refused by a delegate of the respondent on 22 February 2001. The delegate's decision was affirmed by the Refugee Review Tribunal (the Tribunal) on 19 September 2002. An application to the Federal Court to review the Tribunal's decision was referred to the Federal Magistrates Court and then dismissed by consent on 5 March 2003. 3 The applicant then commenced proceedings in the High Court on 18 March 2003, seeking to set aside the Tribunal's decision for jurisdictional error. The High Court remitted that application to this Court. It was that application which Lander J dismissed on 30 April 2004.