Applicant M189 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 131

FEDERAL COURT OF AUSTRALIA

Applicant M189 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 131 Abeysinghe v Minister for Immigration and Multicultural Affairs [2001] FCA 1201 cited Abeysinghe v Minister for Immigration and Multicultural Affairs [2002] FCAFC 511 cited Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Palme (2003) 201 ALR 327 cited Abebe v The Commonwealth (1999) 197 CLR 510 cited Re Ruddock; Ex parte Applicant S154/2002 (2003) 201 ALR 437 cited NAHQ v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 297 applied Applicant S442 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 28 applied Applicant 498 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 106 applied Commissioner for Australian Capital Territory State Revenue v Alphaone (1994) 49 FCR 576 applied Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 applied APPLICANT M189 OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V1042 OF 2003 BLACK CJ, SUNDBERG and HELY JJ 17 MAY 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V1042 OF 2003

BETWEEN: APPLICANT M189 OF 2002

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: BLACK CJ, SUNDBERG and HELY JJ

DATE OF ORDER: 17 MAY 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The appeal be dismissed as incompetent.

2. The applicant pay the respondent's costs of the purported appeal.

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 V1042 OF 2003