Ejueyitsi v Maloney

The applicant, Vincent Babatunde Ejueyitsi, sought leave to appeal against a conviction recorded against him in the Court of Petty Sessions at Perth on charges arising out of an infringement of the Migration Act 1958 (Cth). The court had to decide whether to grant leave to appeal and, if so, whether the appeal should be allowed. The applicant argued that the learned Magistrate erred in his appraisal of the evidence presented in support of the prosecution case. The court found that the learned Magistrate had correctly assessed the credibility of the witnesses and the evidence, and had given adequate reasons for his decision. The court held that the applicant had not demonstrated that there had been a miscarriage of justice or that there were exceptional circumstances to justify an extension of time. The application for an extension of time to appeal was refused, and the application for leave to appeal was dismissed.