NACA v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 659

FEDERAL COURT OF AUSTRALIA

NACA v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 659 MIGRATION – leave to appeal interlocutory judgment of Federal Magistrate – where appellant's application dismissed under Order 32 rule 2 of the Federal Court Rules due to non-attendance at hearing can be appealed out of time – whether appellant should be granted an extension of time and granted leave to appeal. OBJECTION TO COMPETENCY – whether orders are interlocutory or final. LEAVE TO APPEAL – with extension of time. Judiciary Act 1903 (Cth) s 39B Federal Court Rules Order 32 rule 2, Order 52 rule 10, Order 52 rule 18(1) Federal Court of Australia Act 1976 (Cth) s 24(1A), 25(1A) Carr v Finance Corporation of Australia Ltd (No. 1) (1981) 147 CLR 246 Dai v Telecommunications Industry Ombudsman [2000] FCA 717 NAJC v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 608 NACA v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 630 OF 2003 HELY J 26 JUNE 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 630 OF 2003

BETWEEN: NACA

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: HELY J

DATE OF ORDER: 26 JUNE 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appellant's motion for leave to appeal be dismissed. 2. The appeal be dismissed as incompetent. 3. The appellant pay the respondent's costs of the motion. 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 N 630 OF 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: NACA

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS