Wati, Grace Pushpa v Minister for Immigration & Multicultural Affairs [1997] FCA 1052

FEDERAL COURT OF AUSTRALIA PRACTICE AND PROCEDURE – appeals – application for extension of time in which to appeal - whether appeal lies to Full Court from single judge exercising power under the Federal Court of Australia Act 1976 (Cth), s 25(2)(b) – whether the Court has the ultimate authority to decide whether an application for leave to appeal should be determined by a single Judge or a Full Court under the Federal Court of Australia Act 1976 (Cth), s 25(2). Federal Court of Australia Act 1976 (Cth), ss 14(1), 15(1), 20, 24, 25(1), 25(2). Federal Court Rules, O 35, r 7, O 52, r 15, r 18. Autodesk Inc v Dyason (No 2) (1993) 176 CLR 400, cited. Dallhold Investments Pty Ltd (In Liq) v Gold Resources Australia Ltd (Prov Liq Apptd) (1991) 31 FCR 587, cited. Donkin v AGC (Advances) Ltd (Fed Ct/FC, 30 August 1995, unreported), cited. Haig v Minister Administering the National Parks and Wildlife Act 1974 (1994) 85 LGERA 143, cited. Hall v Anderson (Fed Ct/FC, 18 July 1997, unreported), cited. Re Coldham; Ex parte Municipal Officers Association of Australia (1989) 84 ALR 208, cited. Reid v Nairn (1985) 60 ALR 419, cited. State Rail Authority of New South Wales v Codelfa Construction Pty Ltd (1982) 150 CLR 29, cited. Thomas Borthwick & Sons (Pacific Holdings) Ltd v Trade Practices Commission (1988) 18 FCR 424, applied.

GRACE PUSHPA WATI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS & ANOR

NG 300 of 1997

VON DOUSSA, MOORE, sAcKVILLE jJ

sydney 3 OCTOBER 1997

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 300 of 1997

ON APPEAL FROM A SINGLE JUDGE OF THE COURT

BETWEEN: GRACE PUSHPA WATI

AppELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

FIRST Respondent

GABRIEL FLEMING CONSTITUTING IMMIGRATION REVIEW TRIBUNAL