MZWJA v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 492

FEDERAL COURT OF AUSTRALIA

MZWJA v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 492 PRACTICE & PROCEDURE –application for extension of time in which to file an application for leave to appeal against a decision of the Federal Magistrates Court – need for 'special reasons' – application for leave to appeal interlocutory decision. Federal Court Rules O 52 r 15(1)(a)(ii) and O 3 r 3(1) and r 3(2) Applicants 42/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 207 referred to Decor Corporation Pty Ltd v Dart Industries (1991) 33 FCR 397 followed Jess v Scott (1986) 12 FCR 187 followed Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal (2002) 190 ALR 601 referred to QAAH v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 9 referred to SZDGN v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1543 followed 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 MZWJA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS VID 285 of 2005 CRENNAN J 27 APRIL 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 285 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA CONSTITUTED BY REITHMULLER FM

BETWEEN: MZWJA

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: CRENNAN J

DATE OF ORDER: 27 April 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. Application to extend the time within which to apply for leave to appeal be granted. 2. Application for leave to appeal be dismissed. 3. The applicant to pay the respondent's costs.