Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZBPZ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1333
MIGRATION – application for extension of time to file and serve a Notice of Appeal from the Federal Magistrates Court – no point of principle
Migration Act 1958 (Cth) s 424A SZBPZ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1549 OF 2005 TAMBERLIN J SYDNEY 19 SEPTEMBER 2005
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1549 OF 2005
BETWEEN: SZBPZ
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: TAMBERLIN J
DATE OF ORDER: 19 SEPTEMBER 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: The application for an extension of time to file and serve a Notice of Appeal is dismissed with 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 1549 OF 2005
BETWEEN: SZBPZ
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: TAMBERLIN J
DATE: 19 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 a judgment of Federal Magistrate Raphael delivered on 1 August 2005. The application for an extension of time arises because the time for filing a Notice of Appeal expired on 22 August 2005 and the application for extension was filed on 31 August 2005. 2 The time involved is relatively small and, if some arguable case could be presented by the applicant, I would be disposed to grant an extension. However, when the matter came on for hearing before me today, the applicant had nothing to say to indicate any error of principle or law in the decision of the Tribunal or of the Magistrate below. The affidavit supporting the application is in general terms and refers to 'an error of law, procedural mistakes and denial of natural justice by not accepting any supporting documents'. The affidavit also contains general grounds as to the Tribunal exceeding its jurisdiction in failing to provide procedural fairness as required under s 424A of the Migration Act 1958 (Cth) and as to the denial by the Tribunal and the Federal Magistrates Court of procedural fairness. 3 I have considered the reasons for decision of both the Tribunal and the Magistrate from whom this appeal is taken, and I can discern no error of principle or law which could found a basis for an appeal. Accordingly, it would be futile to grant an extension of time and I therefore dismiss the application for an extension of time with costs. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin.
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