Alshams v Minister for Immigration and Multicultural Affairs Summary

FEDERAL COURT OF AUSTRALIA
Alshams v Minister for Immigration & Multicultural Affairs [2000] FCA 586
MAQSOOD ALSHAMS v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
N 362 OF 2000
EINFELD J
1 MAY 2000
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

N 362 OF 2000

BETWEEN:

MAQSOOD ALSHAMS
Appellant

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
Respondent

JUDGE:

EINFELD J

DATE:

1 MAY 2000

PLACE:

SYDNEY

REASONS FOR JUDGMENT

The appellant applies for an extension of time in which to file and serve a notice of appeal from a judgment given by Justice Mansfield on 2 December last year dismissing the appellant’s application for refugee status. At that time his Honour extended the time for filing an appeal and an appeal was filed within the extended time specified. Subsequently the appellant saw fit, apparently with some advice, to make an application to the Minister for his intervention pursuant to section 417 of the Migration Act. He was informed that the Minister would not be likely to consider that application while there were outstanding proceedings in the Federal Court. Preferring, therefore, to pursue his chances with the Minister, he withdrew the appeal by letter faxed to the Court and to the Australian Government Solicitor on or about 5 January 2000.
The appellant was only advised on 12 April in a telephone conversation with an officer of the Immigration Department that his application to the Minister had been refused. Accordingly, on 17 April he filed with the Court an application for an extension of time to file and serve the Notice of Appeal and an affidavit supporting that application. I have read the affidavit and have taken into account everything that has been said on behalf of the Minister against the application being granted but have decided that it is appropriate, in all the circumstances, to grant the application without thereby purporting to express any opinion as to the chances of the appellant on the appeal. The extension of time will apply to Friday 12 May so that, by that date, the Notice of Appeal must be filed.
Costs of this application will be reserved to the appeal.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Marcus Einfeld AO.
Associate:
Dated: 1 May 2000

The Appellant appeared in person

Solicitor for the Respondent: Mr A. Markus of the Australian Government Solicitor

Date of Hearing: 1 May 2000

Date of Judgment: 1 May 2000

CaseChat Overview and Summary

The Federal Court of Australia was presented with an application by Maqsood Alshams, an appellant, against the Minister for Immigration and Multicultural Affairs, the respondent. The matter arose from a previous judgment rendered by Justice Mansfield on December 2 of the preceding year, dismissing Alshams' application for refugee status. The current case concerns an application by Alshams for an extension of time to file and serve a notice of appeal against this judgment. The extension request was necessitated by a series of events that unfolded after the initial judgment, including Alshams' decision to withdraw the appeal and his subsequent application to the Minister for intervention under section 417 of the Migration Act.

The primary legal issue before the court was whether to grant the appellant an extension of time to lodge the notice of appeal, given that the original appeal period had already been extended and the appellant had withdrawn his appeal. The court also had to consider the respondent's arguments against the grant of the extension, as well as the fairness and equity involved in the circumstances surrounding Alshams' application.

In deciding the matter, Justice Einfeld considered the affidavit submitted by Alshams and all arguments presented by both parties. He noted that Alshams had acted promptly in filing his application for an extension upon learning of the Minister's decision to refuse his application for intervention. The judge concluded that it was appropriate to grant the extension in all the circumstances, without expressing an opinion on the likely success of the appeal. The extension granted allowed Alshams to file his notice of appeal by May 12. Justice Einfeld also decided to reserve the costs of the application to the appeal stage.

The Federal Court, through Justice Einfeld, granted the appellant's application for an extension of time to file and serve a notice of appeal, setting May 12 as the deadline for this action. The costs of the application were reserved for the appeal stage. This decision allowed Alshams to pursue his appeal against the earlier judgment dismissing his application for refugee status, under the new deadline provided.

Alshams v Minister for Immigration and Multicultural Affairs

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 362 OF 2000

BETWEEN:	MAQSOOD ALSHAMS Appellant
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS Respondent

JUDGE:	EINFELD J
DATE:	1 MAY 2000
PLACE:	SYDNEY

The Appellant appeared in person
Solicitor for the Respondent:	Mr A. Markus of the Australian Government Solicitor
Date of Hearing:	1 May 2000
Date of Judgment:	1 May 2000