FEDERAL COURT OF AUSTRALIA
Applicant S594 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1501
APPLICANT S594 OF 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 1381 of 2004
WHITLAM J
22 OCTOBER 2004
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 1381 OF 2004 |
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BETWEEN: |
APPLICANT S594 OF 2003 APPLICANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
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WHITLAM J |
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DATE OF ORDER: |
22 OCTOBER 2004 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The notice of motion be dismissed with costs.
2. Leave to appeal from the judgment of Branson J of 23 August 2004 be refused.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 1381 OF 2004 |
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BETWEEN: |
APPLICANT S594 OF 2003 APPLICANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
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JUDGE: |
WHITLAM J |
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DATE: |
22 OCTOBER 2004 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 The applicant’s notice of motion filed on 24 September 2004 has been listed for hearing today. The motion seeks leave to appeal from an interlocutory judgment of Branson J given on 23 August 2004 refusing an application for an order nisi for constitutional writs: Applicant S594 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1110.
2 The notice of motion should not have been accepted for filing in the Registry as it was filed more than seven days after the delivery of judgment by her Honour: O 52 r 10(2) of the Rules. A formal application for further time in which to file a notice of motion has not been made but I have heard the applicant on the question of whether leave should be granted to appeal from the judgment. The principles governing the grant or refusal of leave are well known: see Décor Corp Pty Ltd v Dart Industries Inc (1991) 33 FCR 397. No basis has been suggested by the applicant upon which it would be appropriate to grant leave to appeal from the judgment of Branson J.
3 Accordingly, I order that the notice of motion be dismissed with costs and that leave to appeal from the judgment of Branson J be refused.
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I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Whitlam. |
Associate:
Dated: 18 November 2004
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Counsel for the applicant: |
The applicant appeared in person |
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Solicitor for the respondent: |
Mr M J Allatt from the Australian Government Solicitor |
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Date of hearing: |
22 October 2004 |
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Date of judgment: |
22 October 2004 |
