Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZWKR v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1494 MIGRATION – protection visa – applicant sought "refugee status" in 1991 – application refused by delegate of respondent Minister – applicant did not seek merits review but was not apprehended until 2004 – application for review of delegate's decision brought thirteen years out of time – appeal from decision of Federal Magistrate dismissing application Migration Act 1958 (Cth) s 417(1) Re Commonwealth of Australia: Ex parte Marks (2000) 177 ALR 491 considered
MZWKR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V1120 of 2004 WEINBERG J 17 NOVEMBER 2004 MELBOURNE (VIA VIDEO LINK TO BAXTER & SYDNEY)
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V1120 OF 2004
BETWEEN: MZWKR
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: WEINBERG
DATE OF ORDER: 17 NOVEMBER 2004
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The application for an extension of time within which to file a notice of appeal be refused. 2. The applicant pay the respondent'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
VICTORIA DISTRICT REGISTRY V1120 OF 2004
BETWEEN: MZWKR
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: WEINBERG
DATE: 17 NOVEMBER 2004
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 This is an application for an extension of time within which to file and serve a notice of appeal from a judgment of a Federal Magistrate. On 19 August 2004, his Honour dismissed an application for judicial review of a decision of a delegate of the respondent Minister made as far back as 21 November 1991, refusing to grant him what was then known as "refugee status". An extension of time is required because the applicant did not file a notice of appeal within the time limited by O 52 r 15 of the Federal Court Rules.
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