Applicant S285 of 2003 v Minister for Immigration and Citizenship [2007] FCA 400

FEDERAL COURT OF AUSTRALIA

Applicant S285 of 2003 v Minister for Immigration and Citizenship [2007] FCA 400

MIGRATION – whether an extension of time within which to seek leave to appeal should be granted to the applicant – respondent urged that leave not be granted on the basis that any appeal would have no prospects at all of success – Held: application dismissed Migration Act 1958 (Cth) s 477 Migration Litigation Reform Act 2005 (Cth) items 40 and 42 of Part 2 of Schedule 1 Federal Court Rules O 32 r 2 APPLICANT S285 OF 2003 v MINISTER FOR IMMIGRATION AND CITIZENSHIP, REFUGEE REVIEW TRIBUNAL AND COMMONWEALTH OF AUSTRALIA NSD 1699 OF 2006

BRANSON J

14 FEBRUARY 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1699 OF 2006

BETWEEN: APPLICANT S285 OF 2003

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

COMMONWEALTH OF AUSTRALIA

Third Respondent

JUDGE: BRANSON J

DATE OF ORDER: 14 FEBRUARY 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. To the extent necessary, the respondents have leave to proceed in this matter in the absence of the applicant. 2. The name of the first respondent be amended to Minister for Immigration and Citizenship. 3. The third respondent be removed as a party from the proceeding. 4. The application be dismissed. 5. The applicant pay the first respondent's 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 1699 OF 2006

BETWEEN: APPLICANT S285 OF 2003

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL