BDA16 v Minister for Home Affairs [2019] FCA 85

BDA16 v Minister for Home Affairs [2019] FCA 85

The Federal Court lacks appellate jurisdiction to entertain an appeal from the FCCA's refusal to extend time under s 477(2) of the Migration Act 1958 (Cth) because of the jurisdictional bar imposed by s 476A(3)(a), so the notice of objection to competency was upheld and the application dismissed.

Parties
First Applicant: BDA16; Second Applicant: BDB16; Third Applicant: BDC16; Fourth Applicant: BDD16; Fifth Applicant: BPJ16; First Respondent: Minister for Home Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
06 February 2019
Procedural Posture
Migration Appeal / Application for Leave to Appeal—federal Court of Australia
Outcome
Application dismissed for lack of jurisdiction; notice of objection to competency upheld; applicants to pay first respondent's costs.
Legal Topics
Appeal Jurisdiction, Extension of Time, Procedural Fairness, Tribunal Review, Jurisdictional Bar
Administrative Law Migration Law Appeal Jurisdiction Extension of Time Procedural Fairness Tribunal Review Jurisdictional Bar

Case Brief

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Parties

BDA16

First Applicant

BDB16

Second Applicant

BDC16

Third Applicant

BDD16

Fourth Applicant

BPJ16

Fifth Applicant

Minister for Home Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Migration Appeal / Application for Leave to Appeal—federal Court of Australia

Legal Issues

  1. 1 Whether the Federal Court has jurisdiction to hear an appeal against an FCCA refusal to extend time under s 477(2) of the Migration Act 1958 (Cth) due to s 476A(3)(a)
  2. 2 Whether applicants provided satisfactory explanation for delay in seeking judicial review
  3. 3 Whether the FCCA erred in findings regarding procedural fairness, credibility, and merits

Ratio Decidendi

The Federal Court lacks appellate jurisdiction to entertain an appeal from the FCCA's refusal to extend time under s 477(2) of the Migration Act 1958 (Cth) because of the jurisdictional bar imposed by s 476A(3)(a), so the notice of objection to competency was upheld and the application dismissed.

Court Disposition

Application dismissed for lack of jurisdiction; notice of objection to competency upheld; applicants to pay first respondent's costs.

Orders

  • The notice of objection to competency be upheld.
  • The application for leave to appeal dated 13 September 2018 be dismissed.