Brehoi v Minister for Immigration & Multicultural Affairs [1999] FCA 772

Brehoi v Minister for Immigration & Multicultural Affairs [1999] FCA 772

Neither the applicant's personal circumstances nor the alleged loss of the notice of appeal in the post constituted special reasons justifying departure from the ordinary rule prescribing the time to file and serve a notice of appeal; application dismissed.

Parties
Applicant: Nicholas Brehoi; Respondent: Minister for Immigration & Multicultural Affairs
Jurisdiction
Australia
Judgment Date
16 June 1999
Procedural Posture
Application for Extension of Time to File and Serve Notice of Appeal / Full Court Decision on Extension Application
Outcome
Application dismissed
Legal Topics
Extension of Time, Notice of Appeal, Special Reasons, Deportation, Review of Tribunal Decisions
Practice and Procedure Administrative Law Extension of Time Notice of Appeal Special Reasons Deportation Review of Tribunal Decisions

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Parties

Nicholas Brehoi

Applicant

Minister for Immigration & Multicultural Affairs

Respondent

Procedural Posture

Application for Extension of Time to File and Serve Notice of Appeal / Full Court Decision on Extension Application

Legal Issues

  1. 1 Whether applicant's allegation that notice of appeal 'lost in the post' constitutes special reasons for extension of time under O 52 subr 15(2) of the Federal Court Rules
  2. 2 Whether the applicant had grounds sufficient to justify a departure from the ordinary time limit for appeals

Ratio Decidendi

Neither the applicant's personal circumstances nor the alleged loss of the notice of appeal in the post constituted special reasons justifying departure from the ordinary rule prescribing the time to file and serve a notice of appeal; application dismissed.

Court Disposition

Application dismissed

Orders

  • The application for an extension of time to file and serve a notice of appeal is dismissed.
  • The applicant pay the respondent's costs of the proceeding.