Prashar v Minister for Immigration & Multicultural Affairs [2001] FCA 1573

FEDERAL COURT OF AUSTRALIA

Prashar v Minister for Immigration & Multicultural Affairs [2001] FCA 1573

PRACTICE & PROCEDURE – appeal from Judge of Court to Full Court – where appellants absent when appeal called on for hearing before Full Court – where Full Court made order that appeal be dismissed with costs – whether appellants have implied entitlement to move Full Court to set aside order – where implied entitlement depends on hearing having proceeded in appellants' absence – whether consideration relevant to Full Court's discretion to set aside order acceptable explanation for appellants' absence – whether consideration relevant to Full Court's discretion to set aside order strength of appellants' case had appeal proceeded – whether Full Court prepared to consider strength of appellants' case should appeal now proceed – whether motion to set aside order should fail where appellants' case not reasonably arguable regardless of explanation for absence. Federal Court Rules O 52 r 38A Prashar v Minister for Immigration & Multicultural Affairs [2001] FCA 1119 referred to Pannasara v Minister for Immigration & Multicultural Affairs [2001] FCA 570 referred to Bilgin v Minister for Immigration & Multicultural Affairs (1997) 149 ALR 281 referred to POOJA PRASHAR & ORS v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 174 of 2001 BRANSON, MANSFIELD & KATZ JJ 7 NOVEMBER 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 174 of 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: POOJA PRASHAR

FIRST APPELLANT

VIKAS PRASHAR

SECOND APPELLANT

KARAN PRASHAR

THIRD APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT