WAHU v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 639

WAHU v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 639

Special reasons for extension of time are established due to late receipt of judgment and applicant's custody. Opportunity should be given to the applicant to file an amended notice of appeal identifying with precision the procedural fairness ground, and if so identified, the discretion to extend time should be exercised.

Parties
Applicant: WAHU; Respondent: Minister for Immigration & Multicultural & Indigenous Affairs
Jurisdiction
Australia
Judgment Date
10 June 2003
Procedural Posture
Administrative Law Appeal / Application for Extension of Time to File Notice of Appeal
Outcome
Application held over pending applicant filing amended notice of appeal.
Legal Topics
Extension of Time, Jurisdictional Error, Procedural Fairness
Administrative Law Immigration Law Extension of Time Jurisdictional Error Procedural Fairness

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Parties

WAHU

Applicant

Minister for Immigration & Multicultural & Indigenous Affairs

Respondent

Procedural Posture

Administrative Law Appeal / Application for Extension of Time to File Notice of Appeal

Legal Issues

  1. 1 Whether special reasons exist to extend time for filing notice of appeal
  2. 2 Whether applicant has a real prospect of success on appeal regarding procedural fairness and jurisdictional error

Ratio Decidendi

Special reasons for extension of time are established due to late receipt of judgment and applicant's custody. Opportunity should be given to the applicant to file an amended notice of appeal identifying with precision the procedural fairness ground, and if so identified, the discretion to extend time should be exercised.

Court Disposition

Application held over pending applicant filing amended notice of appeal.

Orders

  • The application be held over pending the applicant filing and serving by 20 June 2003 an amended notice of appeal identifying with precision the allegation of jurisdictional error orally identified to the Court and any other submissions thereon on behalf of the respondent be filed and served within a further 5 days.
  • Costs be reserved.