FEDERAL COURT OF AUSTRALIA
SZECD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1006
SZECD v Minister for Immigration and Multicultural and Indigenous Affairs
NSD 821 of 2005
EDMONDS J
SYDNEY
16 JUNE 2005
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD821 OF 2005 |
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
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BETWEEN: |
SZECD APPLICANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
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EDMONDS J |
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DATE OF ORDER: |
16 JUNE 2005 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The application for an extension of time in which to file and serve a notice of appeal be granted.
2. The notice of appeal filed with the present application stand as the notice of appeal unless amended by the applicant pursuant to Order 52 r 21.
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 |
NSD821 OF 2005 |
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
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BETWEEN: |
SZECD APPLICANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
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JUDGE: |
EDMONDS J |
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DATE: |
16 JUNE 2005 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT GIVEN EXTEMPORE
(REVISED FROM THE TRANSCRIPT)
1 This is an application for an extension of time to file an appeal against a judgment of the Federal Magistrates Court delivered on 29 April 2005. The applicant filed the present application on 26 May 2005. The length of the delay is very short, some 5 or 6 days. Moreover, the applicant says that he was legally represented below but has not since been legally represented. Any prejudice the Minister would suffer by reason of the delay is not significant.
2 The applicant has filed a draft notice of appeal which is not particularised but which provides arguable grounds of appeal. The application was made within 8 days of the decision of the High Court in SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162 and I am conscious that if the applicant is not allowed to appeal there may be matters which have been raised in that decision which he will not have the opportunity to agitate.
3 I will therefore grant the application for an extension of time. In the circumstances I will order that the draft notice of appeal which the applicant has filed stand as the notice of appeal unless amended by the applicant pursuant to Order 52 rule 21. I explained to the applicant that he should endeavour to obtain legal advice in relation to the draft notice with a view to providing proper particulars of the grounds. There will be no order as to costs.
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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 Edmonds. |
Associate:
Dated: 1 August 2005
The applicant appeared in person
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Solicitor for the Respondent: |
Clayton Utz |
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Date of Hearing: |
16 June 2005 |
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Date of Judgment: |
16 June 2005 |
