SZHTW v Minister for Immigration and Multicultural Affairs [2006] FCA 1086

FEDERAL COURT OF AUSTRALIA

SZHTW v Minister for Immigration and Multicultural Affairs [2006] FCA 1086

MIGRATION – application for extension of time to file and serve notice of appeal – delay – prejudice – prospects of success Held: Application dismissed Federal Court Rules O 52 r 15 Federal Magistrates Court Rules 2001 r 44.12 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 applied NAWZ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 199 applied Parker v The Queen [2002] FCAFC 133 applied SZFBU v Minister for Immigration and Multicultural Affairs [2006] FCA 1018 cited SZHTW v Minister for Immigration & Anor [2006] FMCA 356 cited WAAD v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 399 cited SZHTW v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 675 OF 2006

COLLIER J

18 AUGUST 2006

BRISBANE IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY NSD 675 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHTW

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COLLIER J

DATE OF ORDER: 18 AUGUST 2006

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The application for extension of time to file and serve a notice of appeal be dismissed. 2. The applicant pay the costs of the first respondent fixed at the sum of $3500. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY NSD 675 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHTW

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS