Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Potier v Minister for Immigration and Multicultural Affairs [2001] FCA 1770
MIGRATION – construction of s 36(2) of the Migration Act 1958 – meaning of "[A] criterion for a protection visa" – whether use of indefinite article "[A]" allows for other criteria to operate APPEAL – whether appeal lies to Full Court from single judge exercising power under O 52 r 15 of the Federal Court Rules refusing to grant extension of time in which to appeal Migration Act 1958 (Cth) s 36 Federal Court of Australia Act 1976 (Cth) s 25(2)(b) Federal Court Rules O 52 r 15(1)(a), r 15(2) Wati v Minister for Immigration and Multicultural Affairs (1997) 78 FCR 543 applied Hall v Anderson (unreported, Full Court, Federal Court of Australia, 18 July 1997) applied
MALCOLM HUNTLEY POTIER and SARAH FLORA OSWALD POTIER v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
N243 of 2001
WEINBERG, HELY and ALLSOP JJ
14 DECEMBER 2001
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N243 of 2001
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: MALCOLM HUNTLEY POTIER
FIRST APPELLANT
SARAH FLORA OSWALD POTIER
SECOND APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGES: WEINBERG, HELY and ALLSOP JJ
DATE OF ORDER: 14 DECEMBER 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed as incompetent. 2. The first appellant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N243 of 2001
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: MALCOLM HUNTLEY POTIER
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