Applicant M1 of 2004 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 469

FEDERAL COURT OF AUSTRALIA

Applicant M1 of 2004 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 469

PRACTICE AND PROCEDURE — application for leave to appeal interlocutory judgment of the Federal Magistrates Court — Federal Magistrates Court dismissed an application to reinstate a proceeding — leave to appeal refused MIGRATION — failure to appear in Federal Magistrates Court — no adequate explanation offered — no evidence that appearing would have changed outcome — no arguable case for review

Migration Act 1958 (Cth) Federal Court of Australia Act 1976 (Cth) s 24(1A)

Convention Relating to the Status of Refugees 1951 as amended by the Protocol Relating to the Status of Refugees 1967 art 1A(2)

Evangelista v CPS Credit Union (SA) Ltd [2005] FCA 345 cited Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 applied

APPLICANT M1 of 2004 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

V199 of 2005

MERKEL J

22 APRIL 2005

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V199 of 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: APPLICANT M1 of 2004

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MERKEL J

DATE OF ORDER: 22 APRIL 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. Leave to appeal from the interlocutory judgment of the Federal Magistrates Court refusing the application for reinstatement of the proceeding is refused. 2. The applicant pay the respondent's costs of and incidental to this application for leave. 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 V199 of 2005