Tran v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 77

FEDERAL COURT OF AUSTRALIA

Tran v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 77 MIGRATION – application for extension of time within which to file and serve notice of appeal – whether delegate of Minister required to give particulars of "information" to applicant pursuant to s 57 of Migration Act 1958 (Cth) – whether fact that migration agent had informed Department that it no longer acted for applicant was "relevant information" – whether fact that Department had been unable to contact applicant was "relevant information" – application devoid of merit – extension of time refused

THI DONG THAO TRAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and MIGRATION REVIEW TRIBUNAL

VID 1229 OF 2005 WEINBERG J 10 FEBRUARY 2006 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1229 OF 2005

BETWEEN: THI DONG THAO TRAN

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

MIGRATION REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: WEINBERG J

DATE OF ORDER: 10 FEBRUARY 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The application be dismissed.

2. The applicant pay the respondents' costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1229 OF 2005

BETWEEN: THI DONG THAO TRAN

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

MIGRATION REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: WEINBERG J

DATE: 10 FEBRUARY 2006

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 This is an application for an extension of time to enable the applicant to appeal against a judgment of the Federal Magistrates Court given on 24 January 2005: Tran v Minister for Immigration (No 2) [2005] FMCA 412 ("Tran (No 2)"). On that date, McInnis FM dismissed an application for judicial review of a decision of a delegate of the respondent Minister dated 6 November 2003. 2 The applicant did not file and serve a notice of appeal within the 21 day period provided for in O 52 r 15(1)(a)(i) of the Federal Court Rules. The Federal Magistrate was not asked to, and did not, fix any later date for that purpose, pursuant to O 52 r 15(1)(a)(iii). Nor did the applicant apply to this Court within the 21 day period for further time within which to file and serve a notice of appeal under O 52 r 15(1)(b). The applicant must therefore rely upon O 52 r 15(2), which provides that this Court may, at any time, "for special reasons" grant leave to file and serve a notice of appeal.