MZXKQ v Minister for Immigration and Citizenship [2007] FCA 1123

FEDERAL COURT OF AUSTRALIA

MZXKQ v Minister for Immigration and Citizenship [2007] FCA 1123 MIGRATION – refusal of protection visa – extension of time in which to appeal from Federal Magistrates Court – no tenable argument for jurisdictional error Jess v Scott (1986) 12 FCR 187 cited Cadbury Schweppes Pty Ltd v Darrell Lea Chocolate Shops Pty Ltd [2007] FCA 70 referred to NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 referred to Re Minister for Immigration and Multicultural and Indigenous Affairs; ex parte Durairajasingham (2000) 168 ALR 407 cited Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 cited VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471 referred to MZXKQ, MZXKR AND MZXKS v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL VID 353 OF 2007

KENNY J

3 AUGUST 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 353 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MZXKQ

First Applicant

MZXKR

Second Applicant

MZXKS

Third Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: KENNY J DATE OF ORDER: 3 AUGUST 2007

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The application for an extension of time to file and serve a notice of appeal be refused. 2. The applicants pay the first respondent's costs of the application, save for the costs arising from or associated with the preparation of the affidavit of Pamela Anne Summers sworn on 30 July 2007. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA