Peck v Minister for Immigration and Citizenship [2010] FCA 113 (16 February 2010)

Last Updated: 24 February 2010

FEDERAL COURT OF AUSTRALIA

Peck v Minister for Immigration and Citizenship [2010] FCA 113

Citation:		Peck v Minister for Immigration and Citizenship [2010] FCA 113
Parties:		ANDREW JAMES PECK v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL
File number:		SAD 187 of 2009
Judge:		LANDER J
Date of judgment:		16 February 2010
Date of hearing:	16 February 2010
Place:	Adelaide
Division:	GENERAL DIVISION
Category:	No Catchwords
Number of paragraphs:	4
Counsel for the Applicant:	The Applicant appeared in person
Counsel for the Respondents:	Mr P d’Assumpcao
Solicitor for the Respondents:	Australian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	SAD 187 of 2009

BETWEEN:	ANDREW JAMES PECK Applicant
AND:	MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent MIGRATION REVIEW TRIBUNAL Second Respondent

JUDGE:	LANDER J
DATE OF ORDER:	16 FEBRUARY 2010
WHERE MADE:	ADELAIDE

THE COURT ORDERS THAT:

1. The application for leave to appeal be dismissed.
2. There be no order as to costs.
   

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	SAD 187 of 2009

BETWEEN:	ANDREW JAMES PECK Applicant
AND:	MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent MIGRATION REVIEW TRIBUNAL Second Respondent

JUDGE:	LANDER J
DATE:	16 FEBRUARY 2010
PLACE:	ADELAIDE

REASONS FOR JUDGMENT

1. This is an application for leave to appeal from a decision of Simpson FM made on 15 December 2009 dismissing the applicant’s application for review of a decision of the Migration Review Tribunal (the Tribunal). On 2 December 2009, in the Federal Magistrates Court, Simpson FM made an order appointing the Public Advocate of South Australia (the Public Advocate) as litigation guardian for the applicant. On 15 December 2009 Ms Mares from the Public Advocate, appearing as litigation guardian for the applicant, sought the order made by the Federal Magistrate dismissing the applicant’s application filed on 24 July 2009 for a review of the Tribunal’s decision. She also sought an order there would be no order as to costs and an order that the appointment of the Public Advocate as litigation guardian be discharged.
2. In circumstances where the orders made by the Federal Magistrate which are now sought to be impugned were made on the application of the applicant by his then litigation guardian, there seems to me to be no prospects of success in relation to any appeal from those orders. In those circumstances, I refuse the application for leave to appeal.
3. There is also before me a document which was apparently sought to be filed on 22 January 2010, which is a notice of appeal and an application for leave to appeal. On 22 January 2010 Finn J directed that that notice of appeal and the application for leave to appeal not be accepted for filing.
4. Since that time a further document, which is headed “SAD 201 of 2009”, which is in fact a reference to a file number held in the Federal Magistrates Court, being an application for extension of time to file and serve a notice of appeal, together with a draft notice of appeal and an affidavit sworn by the applicant, has sought to be filed. In my opinion, there ought to be a direction that those documents not be accepted for filing for the reasons that first, I have disposed of the application for leave to appeal earlier today; and secondly, there are no prospects of success in relation to the application because the application does not disclose any intelligible ground of appeal.
   

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Lander.

Associate:

Dated: 24 February 2010