Herrera v Minister for Immigration and Multicultural and Indigenous Affairs

[2004] FCA 947

FEDERAL COURT OF AUSTRALIA

Herrera v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 947

RODRIGO ANTONIO HERRERA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
N 738 of 2004

ALLSOP J
19 JULY 2004
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 738 of 2004

BETWEEN:	RODRIGO ANTONIO HERRERA APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	ALLSOP J
DATE OF ORDER:	19 JULY 2004
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1. That the applicant be granted an extension of time in which to file and serve a notice of appeal from the orders of the Court made by Sackville J on 14 April 2004 until 4.00pm on Wednesday 21 July.

2. The question of the order as to costs be reserved until Friday, 23 July 2004.

3. On or before 21 July 2004, the applicant file and serve submission as to costs.

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	N 738 of 2004

BETWEEN:	RODRIGO ANTONIO HERRERA APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	ALLSOP J
DATE:	19 JULY 2004
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application by the applicant for an extension of time to file and serve a notice of appeal from the orders of this Court made on 14 April 2004.

2. On 30 June 2004, I directed that the applicant file and serve written submissions outlining the issue or issues proposed to be argued on appeal, and a draft amended notice of appeal. I also directed that the respondent file submissions in reply.  Both were filed. I have read both.

3. Whilst I am far from persuaded that the applicant will succeed on any of the arguments outlined in written submissions (which are grounds not raised below), I think the matters are sufficient for the applicant in such a serious matter to have at least the opportunity to seek to argue them before the Full Court. 

4. In all the circumstances, and in particular arising from how the error arose, I think it would be an injustice in such a serious matter to visit the applicant with the consequences of the oversight.

5. The orders that I make today are:

   1.That the applicant be granted an extension of time in which to file and serve a notice of appeal from the orders of the Court made by Sackville J on 14 April 2004 up until 4 pm on Wednesday 21 July.

   2.   I reserve the question of the order as to costs, until Friday, 23 July 2004.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Allsop.

Associate:

Dated:            21 July 2004

Counsel for the Applicant:	Mr B Zipser
Solicitor for the Applicant:	Turner Freeman
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	19 July 2004
Date of Judgment:	19 July 2004