SZAJP v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 525

FEDERAL COURT OF AUSTRALIA

SZAJP v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 525 MIGRATION – Application for extension of time to appeal – whether recommendation made in magistrate's judgment that Minister exercise discretion under s 417 Migration Act 1958 (Cth) constitutes special reasons – where appeal in any event would be futile – application dismissed. Migration Act 1958 (Cth), s 417 Hassen v The Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1036 – cited M162 of 2002 v The Minister for Immigration and Multicultural and Indigenous Affairs, [2003] FCA 1146 – referred to Daniel v The Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 21 – referred to Re Minister for Immigration & Multicultural & Indigenous Affairs; ex parte Applicants S134/2002 [2003] HCA 26 – referred to Dranichnikov v Minister for Immigration & Multicultural Affairs [2003] HCA 26 – referred to SBBA v Minister for Immigration & Multicultural Affairs [2003] FCAFC 90 – referred to SZAJP v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS NSD 113 OF 2005 HILL J 18 APRIL 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 113 OF 2005

BETWEEN: SZAJP

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT

JUDGE: HILL

DATE OF ORDER: 18 APRIL 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant 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 113 OF 2005

BETWEEN: SZAJP

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS