Applicant S353/2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 742

Applicant S353/2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 742

Time was extended because the judge had concerns, including as to the application of section 424A of the Migration Act 1958, and because of matters raised in Mr Knoll's submissions. A properly drafted notice of appeal and any fresh evidence application were required, assistance should be sought for their preparation, and the leave application, appeal and any cognate fresh evidence application should be referred to a Full Court subject to the Chief Justice's views.

Jurisdiction
Australia
Judgment Date
14 June 2006
Procedural Posture
Application for Leave to Appeal and Extension of Time in a Migration Matter / Orders Made by a Single Judge Extending Time, Giving Directions, and Referring the Application for Leave to Appeal, Any Appeal and Any Cognate Application for Fresh Evidence to a Full Court Subject to the Views of the Chief Justice
Outcome
Time extended; directions made; matter referred to a Full Court subject to the views of the Chief Justice; Registrar directed to seek assistance for the applicant.
Legal Topics
['extension of Time' 'leave to Appeal' 'fresh Evidence on Appeal' 'section 424 a of the Migration Act 1958' 'assistance Under O 80 of the Federal Court Rules']
['migration Law' 'administrative Law' 'appellate Procedure'] ['extension of Time' 'leave to Appeal' 'fresh Evidence on Appeal' 'section 424 a of the Migration Act 1958' 'assistance Under O 80 of the Federal Court Rules']

Case Brief

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Procedural Posture

Application for Leave to Appeal and Extension of Time in a Migration Matter / Orders Made by a Single Judge Extending Time, Giving Directions, and Referring the Application for Leave to Appeal, Any Appeal and Any Cognate Application for Fresh Evidence to a Full Court Subject to the Views of the Chief Justice

Legal Issues

  1. 1 ['Whether time should be extended for filing and serving an application for leave to appeal from orders dismissing the order nisi.' 'Whether the applicant should be directed to file and serve a draft notice of appeal and any application for fresh evidence.' 'Whether the application for leave to appeal, any appeal and any cognate application for fresh evidence should be referred to a Full Court.' 'Whether assistance should be obtained for preparation of the required documents and conduct of the matter.']

Ratio Decidendi

Time was extended because the judge had concerns, including as to the application of section 424A of the Migration Act 1958, and because of matters raised in Mr Knoll's submissions. A properly drafted notice of appeal and any fresh evidence application were required, assistance should be sought for their preparation, and the leave application, appeal and any cognate fresh evidence application should be referred to a Full Court subject to the Chief Justice's views.

Court Disposition

Time extended; directions made; matter referred to a Full Court subject to the views of the Chief Justice; Registrar directed to seek assistance for the applicant.

Orders

  • ['Time be extended for filing and serving an application for leave to appeal from the orders of the Court dismissing the order nisi up to and including the filing of the notice of motion on 22 December 2005.' 'The applicant file and serve as soon as practicable a draft notice of appeal setting out the grounds of the...