Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hu v Giles [2010] FCA 174 Citation: Hu v Giles [2010] FCA 174
Parties: YUAN YUAN HU v CHRISTINE GILES and COMMONWEALTH OMBUDSMAN
File number: QUD 293 of 2009
Judge: LOGAN J
Date of judgment: 26 February 2010
Catchwords: PRACTICE AND PROCEDURE – Application for extension of time within which to appeal from Federal Magistrates Court – Delay in furnishing to Applicant revised copy of Federal Magistrates Court's oral reasons – Absence of merit in proposed appeal grounds – Extension of time refused
Legislation: Ombudsman Act 1976 (Cth) s 6 Migration Act 1958 (Cth) Federal Court Rules
Cases cited: Jess v Scott (1986) 12 FCR 187 applied Hu v Commonwealth Ombudsman [2009] FCA 1516 followed Minister for Immigration and Ethnic Affairs v Eshetu (1999) 197 CLR 611 considered
Date of hearing: 26 February 2010
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 29
Counsel for the Applicant: The Applicant appeared in person
Solicitor for the Respondents: Australian Government Solicitor
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION QUD 293 of 2009
BETWEEN: YUAN YUAN HU
Applicant
AND: CHRISTINE GILES
First Respondent
COMMONWEALTH OMBUDSMAN
Second Respondent
JUDGE: LOGAN J
DATE OF ORDER: 26 FEBRUARY 2010
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The Application is dismissed. 2. The Applicant is to pay the Respondent's costs of and incidental to the application to be taxed, if not agreed. 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 Federal Law Search on the Court's website.
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