NBBN v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 582

FEDERAL COURT OF AUSTRALIA

NBBN v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 582

MIGRATION – application for leave to appeal – substantial injustice if leave not granted

Federal Court Act 1976 (Cth) ss 24(1A) and 24(1)(d) Federal Court Rules 1976 (Cth)

Bienstein v Bienstein (2003) 195 ALR 225 referred to Thomas Borthwick & Sons (Pacific Holdings) Limited v Trade Practices Commission (1988) 18 FCR 424 referred to Re Luck (2003) 203 ALR 1 cited Hall v Nominal Defendant (1966) 117 CLR 423 cited Deighton v Telstra Corporation Limited (unreported) applied Jess v Scott (1986) 12 FCR 187 referred to Kalaba v The Queen (unreported) referred to Décor Corp Pty Ltd v Dart Industries (1991) 33 FCR 397 applied Neimann v Electronic Industries Ltd [1978] VR 431 referred to Sharp v Deputy Commissioner of Taxation (1988) 88 ATC 4,184 referred to Ariaee v Minister for Immigration & Multicultural Affairs [2001] FCA 1627 followed NBBN v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 496 OF 2005 CONTI J 10 MAY 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 496 OF 2005

BETWEEN: NBBN

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: CONTI J

DATE OF ORDER: 10 MAY 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Leave to appeal from the decision of the Federal Magistrate is granted to the applicant. 2. The applicant must file and serve the appeal within 28 days of this judgment. 3. The applicant's potential appeal be referred to the NSW Bar Association for the purpose of obtaining legal advice and representation at any hearing pursuant to Order 80 of the Federal Court Rules 1976 (Cth). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.