Shams v Minister for Immigration and Multicultural Affairs [2001] FCA 1793

Shams v Minister for Immigration and Multicultural Affairs [2001] FCA 1793

Although the proposed appeal did not appear to have strong prospects, the applicant had indicated his wish to appeal only 17 days after the time for filing expired, had been unrepresented, did not speak English, had been in prison at all relevant times, and there was no apparent prejudice to the respondent. Those...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
12 December 2001
Procedural Posture
Motion for Extension of Time to File and Serve a Notice of Appeal / Application for Leave to Appeal Out of Time From Judgment Dismissing Review of Refugee Review Tribunal Decision
Outcome
Motion granted; time to file and serve a notice of appeal extended.
Legal Topics
['extension of Time' 'notice of Appeal' 'special Reasons' 'protection Visa' 'refugee Review Tribunal']
['administrative Law' 'migration Law' 'federal Court Procedure'] ['extension of Time' 'notice of Appeal' 'special Reasons' 'protection Visa' 'refugee Review Tribunal']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Motion for Extension of Time to File and Serve a Notice of Appeal / Application for Leave to Appeal Out of Time From Judgment Dismissing Review of 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 the applicant to file and serve a notice of appeal out of time.' "Whether factors including the applicant's imprisonment, lack of legal representation, inability to speak English, short delay in indicating an intention to appeal, weak prospects of success, and absence of apparent prejudice justified an extension of time."]

Ratio Decidendi

Although the proposed appeal did not appear to have strong prospects, the applicant had indicated his wish to appeal only 17 days after the time for filing expired, had been unrepresented, did not speak English, had been in prison at all relevant times, and there was no apparent prejudice to the respondent. Those matters amounted to special reasons justifying leave to file and serve a notice of appeal out of time.

Court Disposition

Motion granted; time to file and serve a notice of appeal extended.

Orders

  • ["The time in which the applicant may file and serve a notice of appeal from the judgment of Hill J given on 18 September 2001 be extended to 21 days from today's date." 'The costs of this motion be costs in the appeal.']