Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZCEC v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 361
MIGRATION – application for leave to appeal NBDW v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1526 referred to Applicant A26 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 185 referred to NAQB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 562 referred to SZCEC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1788 OF 2004 MOORE J 8 APRIL 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1788 OF 2004
BETWEEN: SZCEC
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 8 APRIL 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application for the enlargement of time in which to seek leave to appeal be dismissed. 2. 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 NSD 1788 OF 2004
BETWEEN: SZCEC
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE: 8 APRIL 2005
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This judgment concerns an application for leave to appeal from an order of a Federal Magistrate of 4 November 2004 dismissing the applicant's application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") under Rule 13.03 of the Federal Magistrates Court Rules 2001. On 2 December 2004 the applicant filed in this Court the application for leave to appeal, an affidavit in support of that application and a draft notice of appeal. By his application for leave to appeal the applicant also sought an order dispensing with the requirement that the application be filed within 21 days, as it was filed seven days out of time: see O 52 r 5(2) of the Federal Court Rules.
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