Kaur v Minister for Immigration and Border Protection [2015] FCA 298

Kaur v Minister for Immigration and Border Protection [2015] FCA 298

Since the Federal Circuit Court's judgment was interlocutory and made on the basis of a regular consent order, and no error by that court is apparent, there is no basis to grant an extension of time or leave to appeal; accordingly, the objection to competency prevails and the application and appeal are dismissed.

Jurisdiction
Australia
Judgment Date
16 March 2015
Procedural Posture
Application for Extension of Time and Related Leave to Appeal / Judgment on Application and Appeal
Outcome
Application and appeal dismissed; objection to competency upheld.
Legal Topics
['extension of Time' 'leave to Appeal' 'judicial Review' 'objection to Competency']
['migration Law' 'administrative Law'] ['extension of Time' 'leave to Appeal' 'judicial Review' 'objection to Competency']

Case Brief

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Procedural Posture

Application for Extension of Time and Related Leave to Appeal / Judgment on Application and Appeal

Legal Issues

  1. 1 ["Whether the applicants should be granted an extension of time and leave to appeal against the Federal Circuit Court's interlocutory judgment" 'Whether there was any error by the Federal Circuit Court in making the dismissal order by consent' 'Whether the objection to competency should be upheld']

Ratio Decidendi

Since the Federal Circuit Court's judgment was interlocutory and made on the basis of a regular consent order, and no error by that court is apparent, there is no basis to grant an extension of time or leave to appeal; accordingly, the objection to competency prevails and the application and appeal are dismissed.

Court Disposition

Application and appeal dismissed; objection to competency upheld.

Orders

  • ['The application for an extension of time and related leave to appeal is dismissed.' 'The objection to competency is upheld.' 'The appeal is dismissed.' "The applicants pay the first respondent's costs of and incidental to the application and appeal, including the notice of objection to competency, to be taxed if...