Chen v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 812

FEDERAL COURT OF AUSTRALIA Chen v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 812 YING YING CHEN v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS NSD 764 OF 2005 HELY J 7 JUNE 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 764 OF 2005

BETWEEN: YING YING CHEN

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: HELY J

DATE OF ORDER: 7 JUNE 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The applicant be granted an extension of time within which to appeal from the decision of Scarlett FM given on 20 April 2005. 2. The applicant file a notice of appeal by 28 June 2005. 3. Costs be costs in the appeal. 4. The appeal book be constituted by the application relied upon before the Federal Magistrates Court (FMC), the bundle of relevant documents filed in the FMC, the transcript of any evidence before the Federal Magistrate, any exhibits before the Federal Magistrate, the reasons for judgment and orders of the FMC and the notice of appeal. 5. The appeal book: a. be prepared, filed and served by the applicant; b. be prepared, if more than ten pages in length, by copying on both sides of the page; and c. be filed and served 14 days prior to the hearing date, including two (2) copies for the Court. 6. No date be fixed for the settling of the appeal papers. 7. The matter be listed for hearing at 10.15 am on 17 August 2005. 8. The applicant file and serve written submissions no later than 5 clear working days before the hearing date. 9. The first respondent file and serve written submissions no later than 2 clear working days before the hearing date. 10. The parties have liberty to apply on three (3) days' notice.