SZFQD v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 1616

FEDERAL COURT OF AUSTRALIA

SZFQD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1616

MIGRATION - application for extension of time to file and serve a notice of appeal – no point of law or principle

SZFQD v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 1922 OF 2005

TAMBERLIN J
SYDNEY
3 NOVEMBER 2005

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1922  OF 2005

BETWEEN:	SZFQD APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	TAMBERLIN J
DATE OF ORDER:	3 NOVEMBER 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 1922  OF 2005

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

JUDGE:	TAMBERLIN J
DATE:	3 NOVEMBER 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 decision of Federal Magistrate Barnes.  The delay in filing a notice of appeal is substantial.  The decision of the Tribunal was made on 21 January 2005. The decision of the Federal Magistrate was delivered on 28 June 2005 and the application for an extension of time was not filed until 12 October 2005.

2. The applicant has indicated to me that she has been ill and is under treatment for depression.  I have seen a medical certificate to this effect from the Bankstown Health Service and I accept this evidence.  However, in considering whether an application for an extension of time should be granted, it is necessary to ask whether there is any substance in the case that is sought to be presented by the applicant if an extension of time were granted.

3. When the matter was called on for hearing before me today, the appellant appeared in person with the assistance of an interpreter.  She was unable to advance any reasons for setting aside the decision of either the Federal Magistrate or the Tribunal. This is understandable given that she has no legal training.  She has requested an opportunity for an adjournment so she can obtain legal advice. In this matter, no indication has been given of any arguable point that could be raised by the applicant or any facts from which an argument might be constructed by a lawyer.

4. The matter has been considered by the Department, subjected to review by the Tribunal and examined by the Federal Magistrates Court and, in these circumstances, it is important that the applicant should realise that the role of the Court is not to rehear the case on the merits or to make a decision as to whether or not she is to stay in Australia.  The role of the Court is simply to decide whether the process of reviewing the decision and considering the relevant legal principles and legislation has been carried out properly.

5. In the circumstances, since no indication of any argument has been put to me and having considered the decision of the Tribunal and of the Federal Magistrate, I am not persuaded that any error has been shown. 

6. Accordingly, I dismiss the application for an extension of time to file and serve a notice of appeal with costs.

I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin.

Associate:

Dated:            9 November 2005

The Applicant appeared in person with the assistance of an interpreter.
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	3 November 2005
Date of Judgment:	3 November 2005