Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
VOAQ v Minister for Immigration & Multicultural Affairs [2006] FCA 1165
VOAQ v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS AND ANOR VID 558 OF 2006
RARES J
10 AUGUST 2006
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 558 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: VOAQ
Appellant
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: RARES J
DATE OF ORDER: 10 AUGUST 2006
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The appellant file and serve any affidavits upon which he proposes to rely, as fresh evidence or evidence in support of his application for leave to appeal made orally today, on or before 24 August 2006. 2. Upon filing of that evidence: (a) the Minister shall file and serve any written submissions as to the course to be followed on or before 31 August 2006; and (b) the matter be stood over to 4 September 2006. 3. In the event that order (1) is not complied with, the following orders will take effect on 25 August 2006: (a) The appeal be struck out as incompetent. (b) Leave to appeal against the decision of the Federal Magistrates Court of 4 May 2006 is refused. (c) The appellant to pay the respondent's costs of the appeal, including the application made orally for leave to appeal fixed in the sum of $800. 4. Grants leave to the respondent to file in Court the affidavit of Tiffany Veschetti affirmed 8 August 2006. 5. Grants liberty to any party to apply on 24 hours notice. 6. Orders that the Refugee Review Tribunal be joined as the second respondent. 7. Notes the undertaking of the second respondent by its solicitor, Mr Mosby, to file an appearance submitting to all orders the Court might make except as to costs. 8. Mr Mustafa be granted leave to appear on behalf of the appellant. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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