MZWQH v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1491

FEDERAL COURT OF AUSTRALIA

MZWQH v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1491

MIGRATION – applications for an extension of time in which to appeal and for leave to appeal the interlocutory judgment of a Federal Magistrate – where application dismissed by Federal Magistrate due to non-attendance – no reasonable explanation for non-attendance – no arguable case – applications refused

Federal Court of Australia Act 1976 (Cth), s 24(1A), s 25(1A), O 52 r 5

Federal Magistrates Court Rules 2001, r 13.03A(c) Federal Court Rules, O 19 r 2(2)

SZCEJ v Minister of Immigration and Multicultural and Indigenous Affairs [2005] FMCA 389, cited Hall v Nominal Defendant (1966) 117 CLR 423, discussed NACA v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 659, referred to Gallo v Dawson (No 2) (1992) 109 ALR 319, referred to MZKAJ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1066, referred to NAKX v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) [2004] FCA 79, referred to NAKX v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1559, referred to MZWQH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS VID 1052 OF 2005 KENNY J 21 OCTOBER 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1052 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MZWQH

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: KENNY J

DATE OF ORDER: 21 OCTOBER 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The applications for an extension of time in which to seek leave to appeal and for leave to appeal be refused. 2. The appeal be dismissed as incompetent. 3. The applicant pay the respondent's costs of and incidental to the proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.