Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZHPD v Minister for Immigration and Citizenship [2007] FCA 157
MIGRATION – no point of principle Migration Act 1958 (Cth) ss 422B, 424A Federal Court Rules O 52 r 15 Minister for Immigration & Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 cited SYLB v Minister for Immigration & Multicultural & Indigenous Affairs (2005) 87 ALD 498 cited SZHPD v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1769 OF 2006
MIDDLETON J
15 FEBRUARY 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1769 OF 2006
BETWEEN: SZHPD
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MIDDLETON J DATE OF ORDER: 15 FEBRUARY 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The first respondent be correctly named as the Minister for Immigration and Citizenship. 2. The application for extension of time within which to file and serve a notice of appeal be dismissed with 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 1769 OF 2006
BETWEEN: SZHPD
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MIDDLETON J
DATE: 15 FEBRUARY 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The applicant seeks an extension of time to file and serve a notice of appeal against the orders and judgment of Federal Magistrate Scarlett handed down on 18 August 2006. On 18 August 2006 Scarlett FM dismissed with costs an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') handed down on 27 October 2005. 2 Relevantly, the applicant was required to file a notice of appeal within 21 days from the date that judgment the subject of the appeal was pronounced: O 52 r 15(1)(a) of the Federal Court Rules. Accordingly, the applicant was required to file a notice of appeal by 8 September 2006, but instead filed an application for an extension of time six days later on 14 September 2006. The applicant therefore seeks an order under O 52 r 15(2) of the Federal Court Rules granting leave to file and serve a notice of appeal out of time.
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