Akpata v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 250

FEDERAL COURT OF AUSTRALIA

Akpata v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 250

PRACTICE AND PROCEDURE – appellant not attending the appeal – appeal from judgment dismissing an application in the absence of the appellant – whether an appeal is the appropriate procedure – other procedures available under the Federal Court Rules Migration Act 1958 (Cth) s 501 Federal Court Rules O 32 r 2(2), O 35 r 7(2)(a) Akpata v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 285 cited Vint v Hudspith (1885) 25 Ch D 322 cited Crotty v Clarke (1896) 22 VLR 594 cited Shocked v Goldsmith [1998] 1 All ER 372cited Surfers Paradise International Convention Centre Pty Ltd v National Mutual Life Association of Australasia Ltd [1984] 2 Qd R 447 cited Rosing v Ben Shemesh [1960] VR 173 cited Registrar of Aboriginal Corporations v Murnkurni Women's Aboriginal Corporation (in liq) (1995) 58 FCR 125 cited STEPHEN OGHO AKPATA v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS No S 117 of 2005 BRANSON, FINN & MANSFIELD JJ ADELAIDE 30 NOVEMBER 2005

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 117 OF 2005

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: STEPHEN OGHO AKPATA

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: BRANSON, FINN & MANSFIELD JJ

DATE OF ORDER: 30 NOVEMBER 2005

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 117 OF 2005

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA