Applicant S 321 Of 2002 v Minister For Immigration & Multicultural & Indigenous Affairs [2003] FCA 938

FEDERAL COURT OF AUSTRALIA

Applicant S 321 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 938 APPLICANT S 321 OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N361 of 2003 ALLSOP J 4 SEPTEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N361 of 2003

BETWEEN: APPLICANT S 321 of 2002

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: ALLSOP J

DATE OF ORDER: 4 SEPTEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT THE ORDERS MADE ON 20 AUGUST 2003 BE VARIED AS FOLLOWS: 1. Order 2 be vacated. 2. In place of order 2 made on 20 August 2003 the following order is made: "The time for filing any application for leave to appeal be extended to a date 21 days from today." 3. In place of order 3 made on 20 August 2003 the following order is made: "The applicant pay the respondent's costs of the proceedings, but such costs are not to include either the cost of attendance before the Court today or the costs of any preparation whatsoever prior to today and after 20 August concerning the form of orders." FURTHER, THE COURT ORDERS THAT: 4. The applicant be granted leave, so far as leave is necessary, to file both an application for leave to appeal and a notice of appeal in order that the issue of the proper status of order 1 and the balance of these orders made on 20 August 2003 and today may be considered as an issue on appeal.

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 N361 of 2003

BETWEEN: APPLICANT S 321 of 2002

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS