Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZXAF v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 167
MIGRATION – visa – protection visa – appellant seeking to set aside decision of Refugee Review Tribunal – federal magistrate dismissed application – previous order of federal magistrate that appellant not file further application without leave – order based on res judicata estoppel – earlier Federal Court proceeding under old Pt 8 – subsequent High Court proceeding dismissed for being instituted outside time limits – whether appellant necessarily estopped – whether order prohibiting further application should have been made – whether judgment appealed from interlocutory or final – whether leave to appeal should be given – whether appellant able to rely on any ground of substance in relation to tribunal decision.
Migration Act 1958 (Cth) s 91X, Pt 8 Federal Court of Australia Act 1976 (Cth) s 24(1A) Federal Court Rules O 52 r 10(2A)(b)
M52 and M53 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1495 cited MZWGV v Minister for Immigration [2005] FMCA 980 referred to MZXAF v Minister for Immigration [2005] FMCA 979 referred to Applicants M16 of 2004 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1641 considered MZXAF v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS VID 554 of 2005
GRAY J 21 APRIL 2006 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 554 of 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: MZXAF
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: GRAY J
DATE OF ORDER: 21 APRIL 2006
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The time within which the appellant may apply for leave to appeal be extended, so as to permit him to apply orally today. 2. The appellant's application for leave to appeal be dismissed. 3. The appeal, instituted by notice of appeal filed on 6 June 2005, be dismissed as incompetent. 4. The appellant pay the respondent's costs of the proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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