SBNC v Minister for Immigration & Multicultural Affairs [2006] FCA 843

FEDERAL COURT OF AUSTRALIA

SBNC v Minister for Immigration & Multicultural Affairs [2006] FCA 843 PRACTICE & PROCEDURE – application for extension of time within which to appeal against judgment of judge dismissing application for review of decision of respondent's delegate not to grant applicant and her family protection visa – Federal Court Rules, O 52 r 15 – where purported notice of appeal 11 days out of time – where respondent opposed application on ground that proposed appeal has no prospects, or no reasonable prospects, of success – held, appeal not futile – period of delay short – adequate explanation for delay – serious consequences of decision for applicants – no prejudice to respondent if application granted – application granted. MIGRATION – application for protection visa – where delegate found that applicant feared persecution for Convention reason – whether fear of persecution well-founded.

Migration Act 1958 (Cth) s 5, s 91R Federal Court Rules O 52 r 15

Jess v Scott (1986) 12 FCR 187 referred to Howard v Australian Electoral Commission [2000] FCA 1767 referred to Ariaee v Minister for Immigration and Multicultural Affairs [2001] FCA 1627 referred to

SBNC, SBPC, SBQC & SBRC v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

SAD 64 OF 2006

BESANKO J

5 JULY 2006

ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY 64 OF 2006

BETWEEN: SBNC

FIRST APPLICANT

SBPC

SECOND APPLICANT

SBQC

THIRD APPLICANT

SBRC

FOURTH APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: BESANKO J

DATE OF ORDER: 5 JULY 2006

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The title of the respondent be amended so as to delete the words 'and Indigenous'. 2. The time for the filing and service of the notice of appeal is extended up to and including 11 April 2006.