Chebat v Minister for Immigration and Citizenship [2007] FCA 1563

FEDERAL COURT OF AUSTRALIA

Chebat v Minister for Immigration and Citizenship [2007] FCA 1563

TONY CHEBAT v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND MIGRANT REVIEW TRIBUNAL NSD 981 OF 2007

ALLSOP J

5 OCTOBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 981 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: TONY CHEBAT

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

MIGRANT REVIEW TRIBUNAL

Second Respondent

JUDGE: ALLSOP J

DATE OF ORDER: 5 OCTOBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

(1) The notice of motion filed by the applicant/appellant be adjourned to 3.15 pm on 26 October 2007.

(2) The applicant file and serve full written submissions on the appeal on or before 19 October 2007.

(3) The hearing on 26 October 2007 pursuant to order 1 above will be either:

(i) a further hearing of the notice of motion; or

(ii) a hearing of the appeal.

The court notes that:

(4) If the applicant does not file and serve written submissions in accordance with order 2 above, the notice of motion will be dismissed with costs.

(5) If the applicant does file and serve written submissions in accordance with order 2 above, Allsop J's staff will communicate with the parties in writing by 23 October 2007 outlining the Court's provisional view as to whether the submissions raise any prima facie grounds for the appeal so that the parties may ague the notice of motion and appeal in light thereof.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 981 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA