Applicants S557 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 176

FEDERAL COURT OF AUSTRALIA

Applicants S557 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 176 ApplicantS S557 of 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS & ANOR N 36 OF 2005 STONE J 7 MARCH 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 36 OF 2005

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: APPLICANTS S557 OF 2003

APPLICANTS

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 7 MARCH 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant mother pay the respondents' costs in the amount of $950. 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 N 36 OF 2005

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: Applicants S557 of 2003

APPLICANTS

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: STONE J

DATE: 7 MARCH 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an application for leave to appeal from a decision of a single judge of this Court dismissing an application for a draft order nisi. It would appear that the applicant has brought these proceedings on behalf of herself and her three children. As the claims under the Refugee Convention are those of the applicant mother, like the Refugee Review Tribunal ('Tribunal'), I shall refer to her as 'the applicant'. The application for leave was not filed within the time required. That being so the applicant must show why she should be granted an extension of time within which to make the present application. 2 The applicant arrived in Australia on 16 May 2001 with her three children. On 6 June 2001 the applicant lodged an application for a protection (class XA) visa with the Department of Immigration and Multicultural Affairs (as it then was). On 13 June 2001 a delegate of the Minister for Immigration and Multicultural Affairs ('delegate') refused her application. On 5 July 2001 the applicant applied to the Tribunal for review of the decision of the delegate. The applicant also lodged written submissions in support of her application. The Tribunal affirmed the decision of the delegate and handed down its decision on 18 December 2001. The applicant filed an application for a draft order nisi in the High Court of Australia on 5 November 2003. On 16 February 2004 that application was remitted to this Court by an order of Heydon J. On 29 October 2004, the primary judge dismissed the application.