SZBSZ v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 779

FEDERAL COURT OF AUSTRALIA

SZBSZ v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 779 MIGRATION – incompetent appeal from an interlocutory decision of a Federal Magistrate – treated as application for leave to appeal – claim that applicant had not received notice of hearing before Tribunal – claim that migration agent had declined invitation to hearing before without consultation or instructions – claim that applicant has supplementary material that he would have provided to Tribunal had he known of the hearing – no evidence to support claims – statutory obligations of the Tribunal to notify the applicant of hearing PRACTICE AND PROCEDURE – determining if decision is final or interlocutory – considerations when granting leave to appeal Federal Court Act 1976 (Cth) ss 24(1A), 24(1)(d), 25(2) Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 425(1), 425A(1), 425A(2)(a), 426A(1), 441G(1), 441G(2), 441A(4), 441C(4) Federal Court Rules Order 52 Rule 5 Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 Al-Mehdawi v Secretary of State for the Home Department (1990) 1 AC 876 Applicant M172 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FMCA 23 Brouwer v Titan Corporation Ltd (1977) 73 FCR 241 Carr v Finance Corporation of Australia Ltd (No 1) (1981) 147 CLR 246 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Ex parte Bucknell (1936) 56 CLR 221 In the matter of an appeal by Gaye Alexandra Mary Luck [2003] HCA 70 Johnson Tiles Pty Ltd v Esso Australia Ltd (2000) 104 FCR 564 Little v State of Victoria [1998] 4 VR 596 Minogue v Williams [2000] FCA 125 NADK of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 184 NAGM of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 395 NASB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 24 Niemann v Electronic Industries Ltd [1978] VR 431 Prasad v Minister for Immigration & Ethnic Affairs (1985) 6 FCR 155