Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Applicant S1647/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 417 APPLICANT S1647/2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1887 OF 2004 STONE J 15 APRIL 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1887 OF 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: APPLICANT S1647/2003
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: STONE J
DATE OF ORDER: 15 APRIL 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application for an extension of time under O 52 r 15(2) be dismissed. 2. The applicant mother pay the respondent's costs of the application. 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 1887 OF 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: APPLICANT S1647/2003
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: STONE J
DATE: 15 APRIL 2005
PLACE: SYDNEY
REASONS FOR JUDGMENT
Introduction 1 The applicants, a mother and son, seek an extension of time within which to file and serve a notice of appeal from a decision of Barnes FM given on 23 November 2004. Her Honour dismissed the applicants' application for review of a decision of the Refugee Review Tribunal ('Tribunal') given on 11 June 1998. The Federal Magistrate found that there was no evidence of jurisdictional error in the Tribunal's reasons for decision.
Background 2 The applicants arrived in Australia on 22 March 1997. They both applied for protection visas on 19 June 1997 although only the mother made specific claims under the Refugees Convention. For this reason I shall refer to her as 'the applicant'. A delegate of the respondent refused their applications on 25 June 1997 and they applied to the Tribunal for a review of that decision on 24 July 1997. The Tribunal handed down its decision on 11 June 1998. 3 On 10 September 1998, the applicant became a member of the class that filed the class action considered by the High Court in Muin v Refugee Review Tribunal (2002) 190 ALR 601 ('Muin'). The High Court made orders that permitted the represented parties to apply individually for orders nisi and ordered that any such application be remitted to this Court on filing. Emmett J dismissed the applicant's application on 20 February 2004. 4 On 15 March 2004 the applicant filed an application for judicial review and an amended application on 18 October 2004 in the Federal Magistrates Court. As noted above, the amended application was dismissed on 23 November 2004. On 17 December 2004 the applicants filed an application for an extension of time to file and serve a notice of appeal from the Federal Magistrate's decision.
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