Applicant S1714 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs

FEDERAL COURT OF AUSTRALIA

Applicant S1714 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 590

APPLICANT S1714 of 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

N372 of 2004

JACOBSON J
4 MAY 2004
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

N372 of 2004

BETWEEN:

APPLICANT S1714 of 2003
APPLICANT

AND:

MINISTER FOR IMMIGRATION &
MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT

JUDGE:

JACOBSON J

DATE:

4 MAY 2004

PLACE:

SYDNEY

REASONS FOR JUDGMENT

This was one of eight motions for an extension of time to file an application for leave to appeal against the judgment of Emmett J given on 20 February 2004. The parties have agreed to consent orders which provide for the motion to be dismissed and for the applicant to pay the respondent's costs fixed in the amount of $350 to be paid within 30 days of today's date. I have been handed consent orders signed by the solicitor for the applicant and the solicitor on behalf of the respondent and I will sign the consent orders and date them with today's date and place them with the papers.

I certify that the preceding paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Jacobson.

Associate:

Date: 4 May 2004

Solicitor for the Applicant: Chandra Jayawardena

Counsel for the Respondent: J D Harris SC

Solicitor for the Respondent: Sparke Helmore

Date of Hearing: 4 May 2004

Date of Judgment: 4 May 2004

CaseChat Overview and Summary

The case of Applicant S1714 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs involved an application by the applicant to extend the time for filing an application for leave to appeal against a judgment previously given by Emmett J on 20 February 2004. This was one of eight such motions. The matter was heard in the Federal Court of Australia, New South Wales District Registry.

The court was tasked with determining whether to grant the applicant an extension of time to file an application for leave to appeal against the earlier judgment. The primary legal issue was the applicant's request for an extension of time, and whether the court should exercise its discretion to grant such an extension.

Justice Jacobson dismissed the motion for an extension of time. The court found that the applicant had not provided sufficient grounds to warrant an extension, and therefore denied the application. The court also ordered that the applicant pay the respondent's costs, which were fixed at $350, to be paid within 30 days of the judgment date.

The court signed the consent orders proposed by the parties, which provided for the dismissal of the motion and the payment of costs by the applicant. These orders were then dated and placed with the court papers.

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	N372 of 2004

BETWEEN:	APPLICANT S1714 of 2003 APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	JACOBSON J
DATE:	4 MAY 2004
PLACE:	SYDNEY

Solicitor for the Applicant:	Chandra Jayawardena
Counsel for the Respondent:	J D Harris SC
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	4 May 2004
Date of Judgment:	4 May 2004