Applicant M67/2003 v Minister for Immigration and Multicultural Affairs [2006] FCA 76

FEDERAL COURT OF AUSTRALIA

Applicant M67/2003 v Minister for Immigration and Multicultural Affairs [2006] FCA 76 MIGRATION – leave to appeal – applicant failed to appear at hearing before Federal Magistrate – no satisfactory reason given for failure to appear at hearing – no reasonable prospect of success – application for leave to appeal dismissed

Federal Magistrates Court Rules 2001, r 13.03A, 16.05(2)(a) Federal Court Rules 1979 (Cth), O 19 r 2(2) Federal Court of Australia Act 1976 (Cth), s 24(1A)

VBAF v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1614 discussed Hall v Nominal Defendant (1966) 117 CLR 423 referred to NACA v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 659 referred to Décor Corp Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 referred to Energex Limited v Alstom Australia Limited [2005] FCAFC 215 referred to Applicant M67 of 2003 v Minister for Immigration [2005] FMCA 1347 referred tp 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 Somanader v Minister for Immigration and Multicultural Affairs (2000) 178 ALR 677 discussed Thayananthan v MIMIA [2003] FCA 1054 referred to Blair v Curran (1939) 62 CLR 446 referred to Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 referred to APPLICANT M67/2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND THE REFUGEE REVIEW TRIBUNAL VID 1234 OF 2005 KENNY J 10 FEBRUARY 2006 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1234 OF 2005

BETWEEN: APPLICANT M67/2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS