Applicant M237 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 61

FEDERAL COURT OF AUSTRALIA

Applicant M237 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 61 APPLICANT M237 of 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 830 of 2003 HEEREY, WHITLAM AND FINKELSTEIN JJ MELBOURNE 27 FEBRUARY 2004

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 830 of 2003

On Appeal from a Single Judge of the Federal Court of Australia

BETWEEN: APPLICANT M237 of 2002

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

JUDGES: HEEREY, WHITLAM AND FINKELSTEIN JJ

DATE OF ORDER: 27 FEBRUARY 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be dismissed as incompetent. AND THE COURT DIRECTS THAT: 2. The respondent make arrangements for relisting the matter before North J. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 830 of 2003

On Appeal from a Single Judge of the Federal Court of Australia

BETWEEN: APPLICANT M237 of 2002

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

JUDGES: HEEREY, WHITLAM AND FINKELSTEIN JJ

DATE: 27 FEBRUARY 2004

PLACE: MELBOURNE

REASONS FOR JUDGMENT HEEREY J: 1 I agree with the reasons given by Finkelstein J. I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Heerey.

Associate: Dated: 18 March 2004

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 830 of 2003

On Appeal from a Single Judge of the Federal Court of Australia

BETWEEN: APPLICANT M 237 OF 2002

APPELLANT