Applicant S1174 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 136

FEDERAL COURT OF AUSTRALIA Applicant S1174 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 136 APPLICANT S1174 OF 2003 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS NSD 1773 OF 2004 HELY J 7 FEBRUARY 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1773 OF 2004

BETWEEN: APPLICANT S1174 OF 2003

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: HELY J

DATE OF ORDER: 7 FEBRUARY 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for leave to appeal and extension of time in which to file and serve a notice of appeal be 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 1773 OF 2004

BETWEEN: APPLICANT S1174 OF 2003

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: HELY J

DATE: 7 FEBRUARY 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT

On the application for an adjournment 1 I invited the applicant to put any submissions he wanted to put to me in response to the respondent's submissions. In response to that invitation the applicant indicated that he sought an adjournment of these proceedings for the purpose of getting legal advice. The decision of the Refugee Review Tribunal ('the RRT') was given on 29 April 1998 and the matter has been litigated before O'Connor J in this Court and in the High Court. Emmett J's decision was given on 20 February 2004 and thereafter the applicant instituted proceedings in the Federal Magistrates Court. The application which is currently before me was filed on 30 November 2004. In my view, the applicant has had ample time within which to get legal advice if in truth he is interested in seeking it and the application for an adjournment is refused.