Applicant NAGQ of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs

[2002] FCA 1212

FEDERAL COURT OF AUSTRALIA

Applicant NAGQ of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1212

APPLICANT NAGQ OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

N 943 of 2002

MOORE J
26 SEPTEMBER 2002

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N943 OF 2002

BETWEEN:	APPLICANT NAGQ OF 2002 APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	MOORE J
DATE OF ORDER:	26 SEPTEMBER 2002
WHERE MADE:	SYDNEY

THE COURT ORDERS:

1.That the application for extension of time be dismissed.

2.That the applicant pay the respondent’s costs.

3.That Order 1 take effect in 14 days from today.

The court notes that the Respondent’s solicitor undertakes to inform the applicant of these orders by 4 pm on Monday 30 September 2002.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N943 OF 2002

BETWEEN:	APPLICANT NAGQ OF 2002 APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	MOORE J
DATE:	26 SEPTEMBER 2002
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for an extension of time within which to appeal against a judgment of a Federal Magistrate of 15 August 2002.  The Federal Magistrate dismissed an application for judicial review of a decision of the Refugee Review Tribunal (“the Tribunal”) of 27 March 2002.  The Tribunal affirmed the decision to refuse the grant of a protection visa to the applicant.  The reasons of the Magistrate reveal that the Tribunal dealt with the application on the footing that it did not accept a central plank of the applicant’s case, namely that he had a well founded fear because of his political opinion having regard to his participation in political activities in his country of nationality, namely the Ukraine.

2. There is nothing apparent from the reasons of the Magistrate to suggest that there was any error in the approach of the Magistrate to his consideration of the decision of the Tribunal having regard to the issues raised in the proceedings.  The application for an extension of time and the draft notice of appeal was not lodged long after the time in which the appeal should have been brought had expired.  Nonetheless, as the solicitor appearing for the Minister has submitted, the appeal, in my opinion, has no real prospects of success.  There is nothing in the notice of appeal or the application for an extension of time to suggest that some further or additional issue might be raised beyond those issues raised before and considered by the Magistrate.

3. In those circumstances I dismiss the application for an extension of time.  Secondly, I order the applicant to pay the respondents costs of the application for an extension of time and thirdly, I order that order 1 take effect in 14 days time and lastly, I note the undertaking of the solicitor for the minister to notify the applicant by 4.00 pm on Monday that these orders were made today.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.

Associate:

Dated:            26 September 2002

There was no appearance by the Applicant.
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	26 September 2002
Date of Judgment:	26 September 2002