Jafari v MInister for Immigration & Multicultural Affairs [2000] FCA 847

Jafari v MInister for Immigration & Multicultural Affairs [2000] FCA 847

As no arguable ground of appeal had been demonstrated, but in the interests of fairness given the applicant's lack of representation, the Court adjourned the matter to give the applicant one final opportunity to secure representation and articulate a proper ground.

Parties
Applicant: Ali Arshad Jafari; Respondent: Minister for Immigration & Multicultural Affairs
Jurisdiction
Australia
Judgment Date
19 June 2000
Procedural Posture
Application for Extension of Time to Appeal / Interlocutory Adjournment Granted
Outcome
Adjournment granted; directions given for amended notice of appeal to be filed and served.
Legal Topics
Extension of Time, Protection Visa, Grounds of Appeal, Legal Representation
Immigration Law Administrative Law Extension of Time Protection Visa Grounds of Appeal Legal Representation

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Parties

Ali Arshad Jafari

Applicant

Minister for Immigration & Multicultural Affairs

Respondent

Procedural Posture

Application for Extension of Time to Appeal / Interlocutory Adjournment Granted

Legal Issues

  1. 1 Whether an extension of time for lodging an appeal should be granted under Order 52, rule 15(2) of the Federal Court Rules.
  2. 2 Whether the applicant has demonstrated a seriously arguable point with prospects of success as a minimum requirement for special reasons for an extension.
  3. 3 Whether the applicant should be afforded further opportunity to obtain legal representation.

Ratio Decidendi

As no arguable ground of appeal had been demonstrated, but in the interests of fairness given the applicant's lack of representation, the Court adjourned the matter to give the applicant one final opportunity to secure representation and articulate a proper ground.

Court Disposition

Adjournment granted; directions given for amended notice of appeal to be filed and served.

Orders

  • The matter be adjourned until 10:15am on 31 July 2000, to enable the applicant to seek legal representation.
  • The applicant file and serve an Amended Notice of Appeal setting out the grounds upon which he proposes to rely by 4:00pm on 27 June 2000.