Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Applicant P40/2003 v Refugee Review Tribunal & Ors [2004] FCA 1800
PRACTICE AND PROCEDURE– application for leave to file and serve notice of appeal out of time – whether special reasons exist. Migration Act 1958 (Cth) Federal Court Rules, O 52 r 15 Federal Court of Australia Regulations 2004, reg 10(2), 11 Muin v Refugee Review Tribunal (2002) 76 ALJR 966 referred to
APPLICANT P40/2003 v REFUGEE REVIEW TRIBUNAL, MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
and COMMONWEALTH OF AUSTRALIA
W191 of 2004 LEE J PERTH 8 DECEMBER 2004
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 191 OF 2004
BETWEEN: APPLICANT P40/2003
APPLICANT
AND: REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
SECOND RESPONDENT
COMMONWEALTH OF AUSTRALIA
THIRD RESPONDENT
JUDGE: LEE J
DATE OF ORDER: 8 DECEMBER 2004
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The time for filing a notice of appeal in this matter be extended to 9 August 2004 and the document received by the Registry by facsimile transmission on that date stand as the notice of appeal filed pursuant to that leave. 2. The amended notice of appeal marked by the Registry as received on 2 September 2004 stand as an amended notice of appeal filed on that date. 3. Costs reserved. 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 191 OF 2004
BETWEEN: APPLICANT P40/2003
APPLICANT
AND: REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
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