Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gilbert v Minister for Immigration and Citizenship [2011] FCA 1289 Citation: Gilbert v Minister for Immigration and Citizenship [2011] FCA 1289
Parties: ROY JOSEPH GILBERT v MINISTER FOR IMMIGRATION AND CITIZENSHIP
File number: VID 971 of 2011
Judge: NORTH J
Date of judgment: 11 November 2011
Date of hearing: 21 October 2011
Place: Melbourne
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 27
Counsel for the Applicant: Mr G Hughan with Mr N Wood
Solicitor for the Applicant: Carina Ford Immigration Lawyers
Counsel for the Respondent: Mr R Knowles
Solicitor for the Respondent: Australian Government Solicitor
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 971 of 2011
BETWEEN: ROY JOSEPH GILBERT
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
Respondent
JUDGE: NORTH J DATE OF ORDER: 11 NOVEMBER 2011 WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The application filed on 7 September 2011 by the applicant for an extension of time to appeal from the orders of Marshall J made on 23 January 2008 is refused. 2. The applicant pay the respondent's costs of the application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 971 of 2011
BETWEEN: ROY JOSEPH GILBERT
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
Respondent
JUDGE: NORTH J DATE: 11 NOVEMBER 2011 PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 Before the Court is an application under r 36.05 of the Federal Court Rules 2011 (Cth) by Roy Joseph Gilbert, the applicant, for an extension of time to appeal against orders made by Marshall J on 23 January 2008. This application was filed on 7 September 2011. The rules applicable in January 2008 required a notice of appeal to be filed within 21 days of judgment: O 52 r 15 Federal Court Rules. Consequently, the notice of appeal should have been filed by 13 February 2008, and is over three and a half years out of time.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate