NBCM v Minister for Immigration & Multicultural Affairs

REASONS FOR JUDGMENT 1 The applicant applies for an extension of time in which to file and serve a notice of appeal from a judgment of Federal Magistrate Smith (NBCM v Minister for Immigration & Anor [2006] FMCA 559) dismissing his application for judicial review of a decision of the Refugee Review Tribunal under s 39B of the Judiciary Act 1903 (Cth). 2 The explanation for delay in the affidavit filed in support of the application refers to what the applicant says was late notice of the Federal Magistrate's decision. The affidavit also asserts that the applicant speaks, reads and writes limited English. For this reason, he says he needed help from a friend which also caused delay. 3 While I accept that the applicant speaks little English, his explanation alone does not constitute a sufficient explanation for the delay in filing the notice of appeal. However, the delay is not extensive, as the application was filed only 16 days outside the prescribed 21 day time limit (Federal Court Rules O 52 r 15(1)). 4 The applicant appeared in person assisted by an interpreter and initially asked for an adjournment of this proceeding. Nothing was put to the Court in support of the application for an adjournment except an expressed wish to go home and put something in writing. The applicant had at least one month's notice of the hearing date. Absent any good reason being given, his application to adjourn the hearing was refused.

(2002) 194 ALR 749

(2006) 150 FCR 214