Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NBCZ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 177 NBCZ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1438 of 2004 MOORE J 18 FEBRUARY 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD1438 OF 2004
BETWEEN: NBCZ
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 18 FEBRUARY 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application for an extension of time be dismissed. 1. 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
NEW SOUTH WALES DISTRICT REGISTRY NSD1438 OF 2004
BETWEEN: NBCZ
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE: 18 FEBRUARY 2005
PLACE: SYDNEY
REASONS FOR JUDGMENT (Ex Tempore – Revised) 1 This is an application for an extension of time in which to appeal against the judgment of Emmett J of 30 August 2004 dismissing an application for orders nisi in relation to a decision of the Refugee Review Tribunal of 2 February 2004. 2 The applicant is a citizen of India. He arrived in Australia on 6 August 2003 and lodged an application for a protection visa (class XA) on 18 September 2003. On 14 October 2003 a delegate of Minister for Immigration and Multicultural and Indigenous Affairs ("the Minister") refused to grant the visa. On 11 November 2003 the applicant applied to the Refugee Review Tribunal ("the Tribunal") for review of that decision. The Tribunal affirmed the decision of the delegate on 2 February 2004 and on 22 March 2004 the applicant applied for review of the Tribunal decision under s 39B of the Judiciary Act 1903 (Cth). When Emmett J dismissed the application for orders nisi with costs on 30 August 2004, his Honour stayed the orders until 20 September 2004 to give the applicant an opportunity to get legal advice and seek to have the orders set aside. The circumstances which led to this course of action may be relevant to the current application. They are set out below.
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