Applicant NAGM of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 395

FEDERAL COURT OF AUSTRALIA

Applicant NAGM of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 395

PRACTICE AND PROCEDURE – whether appeal is incompetent – whether order dismissing proceedings for want of jurisdiction is interlocutory. MIGRATION – whether s 476(2) of the Migration Act 1958 (Cth) deprives the Court of jurisdiction to hear and determine a challenge to the Minister's refusal to consider exercising the powers conferred by ss 48B and 417 of the Act.

Migration Act 1958 (Cth), s 48B, 417, 476(2) Federal Court of Australia Act 1976 (Cth), s 24(1A) Federal Court Rules, O 52 r 10 Fifita v Minister for Immigration & Multicultural Affairs [2001] FCA 1694, cited. Lloyd Werft Bremerhaven GmbH v Owners of Ship "Zoya Kosmodemyanskaya" (1997) 79 FCR 71, cited. Abebe v Commonwealth (1999) 197 CLR 510, referred to Kolotau v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1145, cited. APPLICANTS NAGM, NAGN, NAGO AND NAGP v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N664 of 2002 SACKVILLE, ALLSOP & JACOBSON JJ SYDNEY 5 DECEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 664 OF 2002

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: APPLICANTS NAGM, NAGN, NAGO AND NAGP OF 2002

APPELLANTS

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: SACKVILLE, ALLSOP AND JACOBSON JJ

DATE OF ORDER: 5 DECEMBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed as incompetent. 2. The application for leave to appeal be dismissed. 3. The adult appellants pay the costs of the purported appeal and the application for leave to appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.