SZKUO v Minister for Immigration and Citizenship [2009] FCA 93

FEDERAL COURT OF AUSTRALIA

SZKUO v Minister for Immigration and Citizenship [2009] FCA 93

MIGRATION – application for an extension of time – Magistrate finds breach of s 425 – declines relief by reason of delay in excess of 5 years – further delay in seeking to appeal – special reasons - extension of time sought after approximately 1 year's delay – proposal to adduce fresh evidence on appeal - extension refused

Federal Court of Australia Act 1976 (Cth) ss 24, 27 Federal Court of Australia Regulations 2004 (Cth) Reg 11(1) Federal Court Rules 1979 (Cth) O 52 r 15

Applicant S1138 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1052, cited Applicants M160/2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 195, 85 ALD 532, cited Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd [2001] FCA 1833, 117 FCR 424, cited House v The King (1936) 55 CLR 499, cited Kordatos v Sweeney [2004] FCA 1487, cited N1202/01A v Minister for Immigration and Multicultural Affairs [2002] FCA 403, 68 ALD 21, considered QAAH v Minister for Immigration, Multicultural and Indigenous Affairs [2004] FCAFC 9, cited R v Ross-Jones; Ex parte Green (1984) 156 CLR 185, cited R v Secretary of State for the Home Department; Ex parte Ahmad [1999] Imm AR 356, considered Re Refugee Review Tribunal; Ex parte Aala [2000] HCA 57, 204 CLR 82, cited SZGND v Minister for Immigration and Citizenship [2008] FCA 680, followed SZKDC v Minister for Immigration and Citizenship [2008] FCA 164, cited SZKJV v Minister for Immigration and Citizenship [2008] FCA 831, cited SZKSM v Minister for Immigration and Citizenship [2008] FCA 632, cited SZKTN v Minister for Immigration and Citizenship [2008] FCA 633, followed SZKUO v Minister for Immigration and Citizenship [2007] FMCA 2073, cited Vranic v Chief Executive Officer, Centrelink [2004] FCA 1511, cited WAAD v Minister for Immigration and Multicultural Affairs [2002] FCAFC 399, cited