QAAB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 309

FEDERAL COURT OF AUSTRALIA

QAAB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 309 MIGRATION – Protection (Class XA) visa – request to the Minister to exercise power under s 48B(1) of the Migration Act 1958 (Cth) to allow a further application for a protection visa – Minister's Guidelines – determination by the Minister in advance – effect of s 476(2) of the Migration Act 1958 (Cth) is to preclude Court from reviewing decision in question – no prospects of success Migration Act 1958 (Cth) ss 48A, 48B, 417, 476 Federal Court Rules O 52 r 15

Bedlington v Chong (1998) 87 FCR 75 applied NAJT of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 966 referred to NAJT of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 420 referred to QAAB OF 2004 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS No QUD 104 of 2004 SPENDER, KIEFEL, EMMETT JJ BRISBANE 16 NOVEMBER 2004

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 104 OF 2004

ON AN APPLICATION FOR AN EXTENSION OF TIME WITHIN WHICH TO APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: QAAB OF 2004

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: SPENDER, KIEFEL, EMMETT JJ

DATE OF ORDER: 16 NOVEMBER 2004

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: (1) The application for an extension of time within which to appeal is refused; (2) The applicant pay the costs of and incidental to that application, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 104 OF 2004