MZWHN v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 491

FEDERAL COURT OF AUSTRALIA

MZWHN v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 491

PRACTICE & PROCEDURE – where failure of applicant to attend hearing – application for extension of time and application for leave to appeal from a decision of the Federal Magistrates Court - dismissal for non-attendance Federal Court Rules O 32 r 2(1)(c), O 35 r 7 Federal Magistrates Court Rules 2001 O 13 rr 3(1), 10(a), 10(c) Applicants 42/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 207 followed BZAS of 2004 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 449 referred to Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 followed MZWHW v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 466 distinguished SZCET v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1516 referred to SZDGN v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1543 followed SZDQF v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1728 referred to SZECK v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 283 referred to SZELL v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 457 referred to MZWHN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS VID 173 OF 2005 CRENNAN J MELBOURNE 27 APRIL 2005

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 173 OF 2005

ON APPEAL FROM A DECISION OF THE FEDERAL MAGISTRATES COURT CONSTITUTED BY MCINNIS FM

BETWEEN: MZWHN

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

JUDGE: CRENNAN J

DATE OF ORDER: 27 APRIL 2005