Applicant M244 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1073

FEDERAL COURT OF AUSTRALIA

Applicant M244 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1073 MIGRATION – practice and procedure – application for extension of time – application for leave to appeal from an interlocutory decision.

Federal Court of Australia Act 1976(Cth) ss 25(2)(b) and (a) Federal Court Rules O 51A, O 51A rr 5(1)(a) and (b), O 52 r 10(b) High Court Rules O 55 rr 17 and 30, O 60 r 6 Chamberlain v Deputy Commissioner of Taxation (1988) 164 CLR 502 referred to Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 followed Makhoul v Barnes (1995) 60 FCR 572 referred to NAHQ v Minister for Immigration and Multicultural and Indigenous Affairs (2003) FACFC 297 followed Somanader v Minister for Immigration and Multicultural Affairs (2000) 178 ALR 677 referred to

Spencer Bower, Res Judicata, 3rd ed., 1996 APPLICANT M244 OF 2003 V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 908 of 2004 CRENNAN J 18 AUGUST 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 908 OF 2004

BETWEEN: M244/2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: CRENNAN J

DATE OF ORDER: 18 AUGUST 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application for an extension of time within which to seek leave to appeal and the application for leave to appeal be refused. 2. The applicant 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

VICTORIA DISTRICT REGISTRY V 908 OF 2004

BETWEEN: M244/2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS