SZEOP v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 859

FEDERAL COURT OF AUSTRALIA

SZEOP v Minister for Immigration and Multicultural and Indigenous Affairs
[2005] FCA 859

SZEOP V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

NSD 858 OF 2005

EDMONDS J
17 JUNE 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 858 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	SZEOP APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	EDMONDS J
DATE OF ORDER:	17 JUNE 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application for an extension of time in which to file and serve a notice of appeal be granted.

2.Leave be granted to file in court an amended notice of appeal.

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 858 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

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

JUDGE:	EDMONDS J
DATE:	17 JUNE 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT GIVEN EX TEMPORE
(REVISED FROM THE TRANSCRIPT)

1. This is an application for an extension of time in which to file and serve a notice of appeal.  Counsel for the applicant has, as part of his address this morning, furnished the court with an amended notice of appeal which, if the extension is granted, will be filed and served. 

2. The delay that has occurred in the failure to timely file a notice of appeal is not significant.  At most it would be some seven days late.  Counsel for the respondent has indicated that, apart from the question of costs, the respondent would suffer no prejudice by granting the extension of time.

3. Counsel for the applicant briefly outlined certain arguments which were founded in the grounds of the amended notice of appeal handed up in court this morning.  Counsel for the respondent submitted that, on the findings of the Federal Magistrate, reliance on these grounds would not be successful.  Nevertheless, I am of the view that they do provide arguable grounds.  It is not necessary that I come to a conclusion at this point in time as to the success or otherwise of those grounds and, in those circumstances, I will grant an extension of time to file the notice of appeal.

4. Leave will be granted to the applicant to file in court the amended notice of appeal that was handed up by his counsel this morning.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Edmonds.

Associate:

Dated:            30 June 2005

Counsel for the Applicant:	Mr Prince
Counsel for the Respondent:	Mr Bird
Solicitor for the Respondent:	Phillips Fox
Date of Hearing:	17 June 2005
Date of Judgment:	17 June 2005