Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZOBU v Minister for Immigration and Citizenship [2010] FCA 568 Citation: SZOBU v Minister for Immigration and Citizenship [2010] FCA 568
Appeal from: SZOBU v Minister for Immigration and Citizenship [2010] FMCA 206
Parties: SZOBU AND ANOR v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ANOR
File number: NSD 340 of 2010
Judge: FLICK J
Date of judgment: 7 June 2010
Catchwords: PRACTICE AND PROCEDURE – submissions by video link – dismissal of proceeding – interlocutory decision – need for leave – Grounds of Appeal not properly drafted MIGRATION – no appellable error – no application to set aside interlocutory decision of Federal Magistrate – leave refused – no prospects of success – Notice of Appeal incompetent
Legislation: Federal Court of Australia Act 1976 (Cth) ss 24(1A), 27, 37M(1)(b), 47A, 47B Migration Act 1958 (Cth) Federal Court Rules, O 52 r 13(2) Federal Magistrates Court Rules 2001, r.13.03C(1)(c), r.16.05
Cases cited: CSR Limited, in the matter of CSR Limited [2010] FCAFC 34, cited Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397, cited Forster Local Aboriginal Land Council v New South Wales Native Title Services Limited [2006] FCA 1455, referred to George v Fletcher [2008] FCA 1848, cited Harrington v Rich [2008] FCAFC 61, 166 FCR 440, cited Jarrett v Seymour (1993) 46 FCR 557, cited Marketing Advisory Services v Football Tasmania Ltd [2002] FCAFC 165, 42 ACSR 128, followed Minister for Immigration and Multicultural Affairs v Jia [2001] HCA 17, 205 CLR 507, followed Minister for Immigration and Citizenship v SZIAI [2009] HCA 39, 83 ALJR 1123, followed Minogue v Williams [2000] FCA 125, 60 ALD 366, cited MZXAU v Minister for Immigration and Multicultural Affairs [2006] FCA 1558, referred to MZWXC v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 172, discussed NAOU of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 406, followed NAXD v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 243, cited Re Refugee Review Tribunal; Ex parte HB [2001] HCA 34, 179 ALR 513, cited Salehi v Minister for Immigration and Multicultural Affairs [2001] FCA 995, cited SQMB v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 165, cited SZAEW v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 115, cited SZAXY v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 76, cited SZBUF v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 732, cited SZCXR v Minister for Immigration and Citizenship [2007] FCA 443, referred to SZMJM v Minister for Immigration and Citizenship [2010] FCA 309, cited SZMKR v Minister for Immigration and Citizenship [2010] FCA 340, cited SZNPI v Minister for Immigration and Citizenship [2010] FCA 106, cited SZNSC v Minister for Immigration and Citizenship [2009] FCA 1436, cited SZNYI v Minister for Immigration and Citizenship [2010] FCA 221, cited SZOBU v Minister for Immigration and Citizenship [2010] FMCA 206, affirmed
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