MZXME v Minister for Immigration & Citizenship [2007] FCA 767

FEDERAL COURT OF AUSTRALIA

MZXME v Minister for Immigration & Citizenship [2007] FCA 767 MIGRATION — purported appeal from judgment of Federal Magistrate dismissing application by reason of failure to appear — objection taken to competency — Federal Magistrate's judgment interlocutory — appellant failed to appear at Federal Court hearing — appeal dismissed as incompetent

Federal Court of Australia Act 1976 (Cth) s 24(1A) Federal Court Rules O 52 r 5 Federal Magistrates Court Rules 2001 rr 13.03A(c), 16.05(2)(a) MZWIK v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 185 cited MZWQH v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1491 applied MZWXC v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 172 applied NACA v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 659 applied MZXME v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL VID189 OF 2007

WEINBERG J

18 MAY 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID189 OF 2007

BETWEEN: MZXME

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: WEINBERG J DATE OF ORDER: 18 MAY 2007

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The objection to competency be allowed. 2. The notice of appeal filed on 8 March 2007 be struck out as incompetent. 3. The appellant pay the first respondent's costs. 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 VID189 OF 2007

BETWEEN: MZXME

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent