P38/2003 v Refugee Review Tribunal [2004] FCA 1767

FEDERAL COURT OF AUSTRALIA

P38/2003 v Refugee Review Tribunal [2004] FCA 1767 Federal Court Rules O 52 r 15 Applicant NAFF of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] HCA 62 distinguished Jess v Scott (1986) 12 FCR 187 applied Minister for Immigration & Multicultural & Indigenous Affairs, Re; Ex parte Lam (2003) 214 CLR 1 applied Muin v Refugee Review Tribunal (2002) 190 ALR 601 cited P38/2003 v Refugee Review Tribunal [2004] FCA 1077 considered P38/2003 v REFUGEE REVIEW TRIBUNAL, MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS and COMMONWEALTH OF AUSTRALIA WAD 214 of 2004 RD NICHOLSON J 9 DECEMBER 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 214 OF 2004

BETWEEN: P38/2003

APPLICANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

SECOND RESPONDENT

COMMONWEALTH OF AUSTRALIA

THIRD RESPONDENT

JUDGE: RD NICHOLSON J

DATE OF ORDER: 9 DECEMBER 2004

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application for extension of time to file and serve a notice of appeal be refused. 2. The applicant pay the costs of the second and third respondents 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

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 214 OF 2004

BETWEEN: P38/2003

APPLICANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

SECOND RESPONDENT

COMMONWEALTH OF AUSTRALIA

THIRD RESPONDENT

JUDGE: RD NICHOLSON J