S1060 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 196

FEDERAL COURT OF AUSTRALIA

S1060 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 196 MIGRATION – no point of principle S1060 of 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1748 OF 2004 MOORE J 17 FEBRUARY 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1748 OF 2004

BETWEEN: S1060 OF 2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 17 FEBRUARY 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for an extension of time be dismissed. 2. The applicant pay the respondent's costs. 3. Costs be fixed in the sum of $650. 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 1748 OF 2004

BETWEEN: S1060 OF 2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MOORE J

DATE: 17 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 a judgment of a Federal Magistrate of 3 November 2004 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") of 7 December 1998. 2 The applicant is a national of Bangladesh. He arrived in Australia on 9 August 1996. He lodged an application for a protection visa on 9 October 1996. A delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ("the Minister") refused that application on 29 April 1997. The applicant applied to the Tribunal for review of that decision on 21 May 1997. The Tribunal affirmed the decision to refuse to grant the applicant a protection visa on 7 December 1998. The applicant applied to the Federal Magistrates Court on 19 May 2004 for review of the Tribunal decision and filed an amended application on 12 October 2004. The Federal Magistrate dismissed the application on 3 November 2004. Order 52 rule 15 of the Federal Court Rules provides that a notice of appeal shall be filed and served within 21 days after the date when the judgment appealed from was pronounced. 3 On 25 November 2004 the applicant filed in this Court an application for an extension of time to file and serve a notice of appeal and a supporting affidavit. In his affidavit he explained that he believed he was required to lodge his appeal only after receipt of the reasons for judgment which he received on or around 22 November 2004. He was unaware he was required to lodge the notice of appeal within 21 days of the date of the judgment.