Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZBJF v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1237
MIGRATION – Refugee Review Tribunal – application for enlargement of time in which to file and serve a notice of appeal from Federal Magistrates Court – no issue of principle – application dismissed SZBJF v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 900 OF 2005 CONTI J 1 SEPTEMBER 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 900 OF 2005
BETWEEN: SZBJF
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: CONTI J
DATE OF ORDER: 1 SEPTEMBER 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application for an enlargement of time in which to file and serve a notice of appeal be dismissed. 2. The applicant to pay the respondent's costs fixed at $1200. 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 900 OF 2005
BETWEEN: SZBJF
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: CONTI J
DATE: 1 SEPTEMBER 2005
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an application for an extension of time in which to file and serve a notice of appeal from the judgment of Driver FM given on 10 May 2005. His Honour dismissed an application for review of a decision of the Refugee Review Tribunal ('the Tribunal') handed down on 6 August 2003 affirming the earlier rejection, by ministerial delegate, of the applicant's application for a protection (Class XA) visa. 2 The application for an extension of time was originally set down for hearing on 29 July 2005. On that occasion, the applicant read an affidavit sworn by him on 6 June 2005 which was in the following terms (read literally): 'Till today I have not received the order and the judgment of my hearing. I was waiting for that to file appeal. I spoke to respondent solicitor last week and they said that they have received order just then only. And they will post it to me. I was told on my hearing day that I can file notice of appeal only when I received my order and judgment.' The applicant also claimed that he had not received the Federal Magistrate's reasons for judgment until the Minister's legal counsel handed a copy to him during the hearing on 29 July 2005.
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