MLGXAL v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 966

FEDERAL COURT OF AUSTRALIA

MLGXAL v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 966

MIGRATION – purported appeal from judgment of Federal Magistrate – dismissal by Federal Magistrate of application due to failure to appear – whether Federal Court not competent to hear appeal – whether judgment of Federal Magistrate of an interlocutory nature – whether leave of Court required to appeal Federal Magistrate's judgment – failure to seek leave to appeal – failure to comply with directions – failure to attend hearing Held: the appeal be struck out as incompetent Federal Court of Australia Act 1976 (Cth), s 24(1A) Federal Court Rules, O 52 r 5 Federal Magistrates Court Rules 2001, r 16.05(2) and r 13.03A

MZWXC v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 172 MLGXAL v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL VID190 OF 2006

WEINBERG J

31 JULY 2006

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID190 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MLGXAL

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: WEINBERG J DATE OF ORDER: 31 JULY 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The objection to competency be allowed. 2. The appeal be struck out as incompetent. 3. The applicant pay the first respondent's costs. 4. The Refugee Review Tribunal be joined as a party to the proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID190 OF 2006