Ally v Minister for Immigration and Citizenship [2007] FCA 1373

FEDERAL COURT OF AUSTRALIA

Ally v Minister for Immigration and Citizenship [2007] FCA 1373

PRACTICE AND PROCEDURE – Application for leave to file and serve Notice of Appeal – Whether special reasons for granting leave – Consideration of proper use of later facts in respect of a factual question to be determined at an earlier time – Where appeal not without merit and leave granted Federal Court Rules, O 52 r 15 Migration Regulations 1994 (Cth), r 1.15A Ally v Minister for Immigration & Anor [2007] FMCA 430, considered Jess v Scott (1986) 12 FCR 187, considered Puhlhofer v Hillingdon London Borough Council [1986] AC 484, considered SHUKURU ALLY v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD850 OF 2007

SPENDER J

30 AUGUST 2007

BRISBANE (HEARD IN SYDNEY)

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD850 OF 2007

BETWEEN: SHUKURU ALLY

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: SPENDER J DATE OF ORDER: 30 AUGUST 2007

WHERE MADE: BRISBANE (HEARD IN SYDNEY)

THE COURT ORDERS THAT:

1. The applicant have leave to appeal from the order of Smith FM on 20 April 2007. 2. The time for lodging an appeal be extended to 17 August 2007. 3. The applicant have leave within 21 days from the date of judgment to file and serve an amended Notice of Appeal and any such further affidavit evidence on which she wishes to rely in support of her appeal. 4. There be no order as to the costs of the application for leave to appeal. 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 NSD850 OF 2007

BETWEEN: SHUKURU ALLY