SZIFS v Minister for Immigration and Multicultural Affairs [2006] FCA 1211

FEDERAL COURT OF AUSTRALIA

SZIFS v Minister for Immigration and Multicultural Affairs [2006] FCA 1211

SZIFS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 1135 OF 2006

COWDROY J

8 AUGUST 2006

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1135 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZIFS

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COWDROY J

DATE OF ORDER: 8 AUGUST 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The Refugee Review Tribunal be joined as the Second Respondent to these proceedings. 2. The time for filing an appeal be extended until 13 June 2006.

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 1135 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZIFS

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COWDROY J

DATE: 8 AUGUST 2006

PLACE: SYDNEY

REASONS FOR JUDGMENT

1 The applicant applies for an extension of time to file and serve a notice of appeal from the decision of the Federal Magistrates Court of Australia delivered on 18 May 2006: see SZIFS v Minister for Immigration & Anor [2006] FMCA 753. Order 52 r 15 of the Federal Court Rules requires that a notice of appeal be filed and served within 21 days after the date when the judgment appealed from was pronounced: see O 52 r 15(5)(1)(a)(i). The applicant filed her application for an extension of time on 13 June 2006, together with a draft notice of appeal. Accordingly the applicant lodged her application for extension of time and draft notice of appeal 5 days after the 21 day period had expired.