Chen v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 812

FEDERAL COURT OF AUSTRALIA

Chen v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 812

YING YING CHEN v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
NSD 764 OF 2005

HELY J
7 JUNE 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 764 OF 2005

BETWEEN:	YING YING CHEN APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	HELY J
DATE OF ORDER:	7 JUNE 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The applicant be granted an extension of time within which to appeal from the decision of Scarlett FM given on 20 April 2005.

2.The applicant file a notice of appeal by 28 June 2005.

3.Costs be costs in the appeal.

4.The appeal book be constituted by the application relied upon before the Federal Magistrates Court (FMC), the bundle of relevant documents filed in the FMC, the transcript of any evidence before the Federal Magistrate, any exhibits before the Federal Magistrate, the reasons for judgment and orders of the FMC and the notice of appeal.

5.The appeal book:

a.   be prepared, filed and served by the applicant;

b.   be prepared, if more than ten pages in length, by copying on both sides of the page; and

c.   be filed and served 14 days prior to the hearing date, including two (2) copies for the Court.

6.No date be fixed for the settling of the appeal papers.

7.The matter be listed for hearing at 10.15 am on 17 August 2005.

8.The applicant file and serve written submissions no later than 5 clear working days before the hearing date.

9.The first respondent file and serve written submissions no later than 2 clear working days before the hearing date.

10.The parties have liberty to apply on three (3) days’ notice.

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	NSD 764 OF 2005

BETWEEN:	YING YING CHEN APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	HELY J
DATE:	7 JUNE 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for an extension of time within which to file and serve a notice of appeal from a judgment of Federal Magistrate Scarlett delivered on 20 April 2005.  Ms Watson for the respondent has fairly and helpfully indicated that for the purposes of this application the draft notice of appeal discloses an arguable basis for an appeal and I agree with her assessment in that respect.  It seems to me that the delay in lodging a notice of appeal has been sufficiently explained and, in any event, is quite short.  It is thus a proper case in which to grant an extension of time.

2. I therefore propose to order that the time within which a notice of appeal from the judgment of Federal Magistrate Scarlett may be filed be extended until 28 June 2005.  The costs of this application should be costs in the appeal.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Hely.

Associate:

Dated:            20 June 2005

Counsel for the Applicant:	J Overall
Solicitor for the Applicant:	Ren Zhou Lawyers
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	7 June 2005
Date of Judgment:	7 June 2005