Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pham v Minister for Immigration & Multicultural Affairs [2006] FCA 911 PHAM v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS NSD 912 OF 2006 LINDGREN J 7 JULY 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 912 OF 2006
BETWEEN: VAN HUNG PHAM
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: LINDGREN J
DATE OF ORDER: 7 JULY 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application for extension of time within which to file and serve a notice of appeal be dismissed. 2. The applicant pay the respondent 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 912 OF 2006
BETWEEN: VAN HUNG PHAM
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: LINDGREN J
DATE: 7 JULY 2006
PLACE: SYDNEY
REASONS FOR JUDGMENT
INTRODUCTION 1 The applicant seeks an extension of time in which to file and serve a notice of appeal from the judgment of a Judge of this Court (Tamberlin J) given on 29 March 2006. The application before his Honour sought judicial review of a decision of the Administrative Appeals Tribunal ("the Tribunal") of 9 June 2005, affirming the issue of a Deportation Order against the applicant by a delegate of the respondent ("the Minister"). 2 The 21 day period in which an appeal lay as of right expired on 19 April 2006. The applicant lodged the present application for an extension of time on 12 May 2006. Annexed to the application was a draft notice of appeal. The applicant can be regarded as being 23 days out of time. 3 In order to succeed on the present application, the applicant must (a) satisfactorily explain his delay; and (b) propound grounds of appeal that have arguable prospects of success, or, as it is sometimes expressed, that warrant the attention of an appellate court.
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