Applicant P40/2003 v Refugee Review Tribunal & Ors [2004] FCA 1800

Applicant P40/2003 v Refugee Review Tribunal & Ors [2004] FCA 1800

The delay, if any, was short, and the notice of appeal should have been received when presented within time. In the particular circumstances, special reasons exist to extend the time for filing, and justice requires a readjustment of rights to allow the appeal to proceed.

Parties
Applicant: Applicant P40/2003; First Respondent: Refugee Review Tribunal; Second Respondent: Minister for Immigration and Multicultural and Indigenous Affairs; Third Respondent: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
08 December 2004
Procedural Posture
Application for Leave to File and Serve Notice of Appeal Out of Time / Determination of Application for Extension of Time and Leave to Appeal
Outcome
Leave granted to file and serve notice of appeal out of time.
Legal Topics
Extension of Time for Appeal, Filing Fees, Special Reasons for Procedural Orders
Migration Law Practice and Procedure Extension of Time for Appeal Filing Fees Special Reasons for Procedural Orders

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Parties

Applicant P40/2003

Applicant

Refugee Review Tribunal

First Respondent

Minister for Immigration and Multicultural and Indigenous Affairs

Second Respondent

Commonwealth of Australia

Third Respondent

Procedural Posture

Application for Leave to File and Serve Notice of Appeal Out of Time / Determination of Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether special reasons exist for leave to file and serve notice of appeal out of time

Ratio Decidendi

The delay, if any, was short, and the notice of appeal should have been received when presented within time. In the particular circumstances, special reasons exist to extend the time for filing, and justice requires a readjustment of rights to allow the appeal to proceed.

Court Disposition

Leave granted to file and serve notice of appeal out of time.

Orders

  • The time for filing a notice of appeal is extended to 9 August 2004; the document received by facsimile transmission on that date stands as the notice of appeal filed pursuant to leave.
  • The amended notice of appeal marked as received on 2 September 2004 stands as an amended notice of appeal filed on that date.