SZBPZ v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 1333

FEDERAL COURT OF AUSTRALIA

SZBPZ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1333

MIGRATION – application for extension of time to file and serve a Notice of Appeal from the Federal Magistrates Court – no point of principle

Migration Act 1958 (Cth) s 424A

SZBPZ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

NSD 1549 OF 2005

TAMBERLIN J
SYDNEY
19 SEPTEMBER 2005

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1549 OF 2005

BETWEEN:	SZBPZ APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	TAMBERLIN J
DATE OF ORDER:	19 SEPTEMBER 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

The application for an extension of time to file and serve a Notice of Appeal is dismissed with 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	NSD 1549 OF 2005

BETWEEN:	SZBPZ APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	TAMBERLIN J
DATE:	19 SEPTEMBER 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for an extension of time in which to file and serve a Notice of Appeal from a judgment of Federal Magistrate Raphael delivered on 1 August 2005.  The application for an extension of time arises because the time for filing a Notice of Appeal expired on 22 August 2005 and the application for extension was filed on 31 August 2005.

2. The time involved is relatively small and, if some arguable case could be presented by the applicant, I would be disposed to grant an extension. However, when the matter came on for hearing before me today, the applicant had nothing to say to indicate any error of principle or law in the decision of the Tribunal or of the Magistrate below. The affidavit supporting the application is in general terms and refers to ‘an error of law, procedural mistakes and denial of natural justice by not accepting any supporting documents’. The affidavit also contains general grounds as to the Tribunal exceeding its jurisdiction in failing to provide procedural fairness as required under s 424A of the Migration Act1958 (Cth) and as to the denial by the Tribunal and the Federal Magistrates Court of procedural fairness.

3. I have considered the reasons for decision of both the Tribunal and the Magistrate from whom this appeal is taken, and I can discern no error of principle or law which could found a basis for an appeal.  Accordingly, it would be futile to grant an extension of time and I therefore dismiss the application for an extension of time with costs.  

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin.

Associate:

Dated:            28 September 2005

The Applicant appeared in person with the assistance of an interpreter
Solicitor for the Respondent:	Blake Dawson Waldron
Date of Hearing:	19 September 2005
Date of Judgment:	19 September 2005