MZXKM v Minister for Immigration and Citizenship [2007] FCA 636

FEDERAL COURT OF AUSTRALIA

MZXKM v Minister for Immigration and Citizenship [2007] FCA 636 MIGRATION – application for leave to appeal – dismissal of appeal by Federal Magistrate for non-attendance upon delivery of medical certificate but no further communication – further finding by Federal Magistrate that time could not be extended so that appeal was not arguable – delivery of further medical certificate before a hearing of application – no further communication – prearranged communication by mobile phone denied – applicants on notice of effect of delivery of certificate without further communication – hearing continued – application for leave dismissed Federal Court of Australia Act 1976 (Cth) s 24(1A) Migration Act 1958 (Cth) s 477, 477(1) Federal Court Rules O 52 r 38A(1) Federal Magistrates Court Rules 2005 r 13.03A MZXKM, MZXKN and MZXKO v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL VID 1428 OF 2006

Nicholson J

1 May 2007

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1428 OF 2006

On appeal from the Federal Magistrates Court of Australia BETWEEN: MZXKM

First Applicant

MZXKN

Second Applicant

MZXKO

Third Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: Nicholson J DATE OF ORDER: 1 MAY 2007

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The description of the first respondent be amended to read 'Minister for Immigration and Citizenship'. 2. The applicants' application for leave to appeal be refused. 3. The applicants pay the first respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA