Applicant A17/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1380

Applicant A17/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1380

The applicant failed to demonstrate special reasons under Order 52 rule 15(2). The solicitor heard the judgment and dismissal order on 8 October 2003, knew the reasons for dismissal and the earlier warning that the extension was the applicant's last chance, and had sixteen days after receiving the short written reasons on 13 October 2003 to read them and obtain instructions. The circumstances did not take the case out of the ordinary, and the Court therefore had no power to grant the extension; even if special reasons existed, the discretion would have been exercised against the applicant because of repeated non-compliance, previous extensions, warnings, consent to the self-executing...

Jurisdiction
Australia
Judgment Date
28 November 2003
Procedural Posture
Migration; Application for Extension of Time to File and Serve a Notice of Appeal / Federal Court Application Following Dismissal of an Application for Review of a Refugee Review Tribunal Decision
Outcome
Application dismissed; application for an extension of time refused.
Legal Topics
['protection Visa Review' 'extension of Time to Appeal' 'special Reasons' 'self Executing Court Orders' 'interlocutory Orders' 'costs']
['administrative Law' 'migration Law' 'federal Court Practice and Procedure'] ['protection Visa Review' 'extension of Time to Appeal' 'special Reasons' 'self Executing Court Orders' 'interlocutory Orders' 'costs']

Case Brief

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Procedural Posture

Migration; Application for Extension of Time to File and Serve a Notice of Appeal / Federal Court Application Following Dismissal of an Application for Review of a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ['Whether special reasons existed under Order 52 rule 15(2) of the Federal Court Rules to permit an extension of time to file and serve a notice of appeal.' "Whether the applicant's solicitor's receipt of written reasons after oral delivery of judgment justified the delay in filing a notice of appeal." 'Whether, if the dismissal order was interlocutory and leave to appeal was required, leave should be granted.']

Ratio Decidendi

The applicant failed to demonstrate special reasons under Order 52 rule 15(2). The solicitor heard the judgment and dismissal order on 8 October 2003, knew the reasons for dismissal and the earlier warning that the extension was the applicant's last chance, and had sixteen days after receiving the short written reasons on 13 October 2003 to read them and obtain instructions. The circumstances did not take the case out of the ordinary, and the Court therefore had no power to grant the extension; even if special reasons existed, the discretion would have been exercised against the applicant because of repeated non-compliance, previous extensions, warnings, consent to the self-executing...

Court Disposition

Application dismissed; application for an extension of time refused.

Orders

  • ['The application be dismissed.' "The applicant pay the first respondent's costs of the application."]