NAOZ v Minister for Immigration and Multicultural and Indigenous Affairs

[2003] FCA 1040

FEDERAL COURT OF AUSTRALIA

NAOZ v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1040

NAOZ v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

N 1300 of 2003

MOORE J
SYDNEY
18 SEPTEMBER 2003

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 1300 OF 2003

BETWEEN:	NAOZ APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	MOORE J
DATE OF ORDER:	18 SEPTEMBER 2003
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1. The application for extension of time to file and serve a notice of appeal be dismissed.
2. The applicant pay the respondent’s 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 1300 OF 2003

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

JUDGE:	MOORE J
DATE:	18 SEPTEMBER 2003
PLACE:	SYDNEY

REASONS FOR JUDGMENT
(given ex tempore)

1. This is an application under O 52 r 15(5) for an extension of time in which to file and serve a notice of appeal against a judgment of Sackville J given on 29 July 2003.  The application for extension of time was filed on 2 September 2003.  The applicant is unrepresented.  He said he wants time to gather together information and material designed to establish that he has a well-founded fear of persecution were he required to return to India.  I indicated to him that that material is irrelevant in the proceedings in this Court.

2. I have read his Honour’s reasons for judgment and no arguable error is apparent to me.  Indeed, the applicant does not assert that his Honour made any error.  Any appeal is, in my opinion, doomed to fail.  In those circumstances, the order I propose to make is an order dismissing the application for an extension of time.

3. I order that the applicant pay the respondent's costs of the application. 

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:            18 September 2003

The applicant appeared in person.
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	18 September 2003
Date of Judgment:	18 September 2003