Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZMWH v Minister for Immigration & Citizenship [2009] FCA 879
SZMWH v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 458 of 2009
STONE J
13 AUGUST 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 458 of 2009
BETWEEN: SZMWH
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: STONE J
DATE OF ORDER: 13 AUGUST 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application for an extension of time within which to file a notice of appeal is dismissed. 2. The applicant pay the first respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
general division NSD 458 of 2009
BETWEEN: SZMWH
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: STONE J
DATE: 13 AUGUST 2009
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an application for an extension of time within which to appeal to this Court from a decision of a Federal Magistrate delivered on 18 March 2009. The application was filed 21 May 2009, 43 days outside the prescribed period for filing a notice of appeal.
2 Order 52 r 15(2) of the Federal Court Rules provides that the Court may grant an appropriate extension of time if satisfied that there are 'special reasons' for doing so. In considering whether an extension of time should be granted the Court considers the reason for the delay, the merits of the appeal and any prejudice to the respondent that may be occasioned by allowing the appeal to be brought notwithstanding the delay; Jess v Scott (1986) 12 FCR 187. In Jess v Scott the Court held, at 195, that the expression 'special reasons' describes: a flexible discretionary power, but one requiring a case to be made upon grounds sufficient to justify a departure, in the particular circumstances, from the ordinary rule prescribing a period within which an appeal must be filed and served.
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