BWF15 v Minister for Immigration and Border Protection [2016] FCA 917

FEDERAL COURT OF AUSTRALIA

BWF15 v Minister for Immigration and Border Protection [2016] FCA 917 Appeal from: BWF15 v Minister for Immigration & Anor (No 2) [2016] FCCA 764

File number: NSD 555 of 2016

Judge: PAGONE J

Date of judgment: 5 August 2016

Catchwords: MIGRATION – Review of Federal Circuit Court decision refusing to set aside orders dismissing application due to applicant's non-attendance PRACTICE AND PROCEDURE – Objection to competency to appeal from interlocutory decision of Federal Circuit Court

Legislation: Federal Court of Australia Act 1976 (Cth) Migration Act 1958 (Cth) Federal Circuit Court Rules 2001 (Cth) Federal Court Rules 2011 (Cth)

Cases cited: Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 House v The King (1936) 55 CLR 499 Khondoker v Minister for Immigration and Citizenship [2012] FCA 654 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 MZYEZ v Minister for Immigration and Citizenship [2010] FCA 530 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 Rawson Finances Pty Ltd v Deputy Commissioner of Taxation (2010) 81 ATR 36 SBBS v Minister for Immigration and Multicultural Affairs (2002) 194 ALR 749 SLMB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 129 SZSKO v Minister for Immigration and Border Protection [2014] FCA 105 SZTKB v Minister for Immigration and Border Protection [2014] FCA 653 VFAB v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 131 FCR 102