Dhaliwal v Minister for Immigration and Border Protection [2017] FCA 1274

Dhaliwal v Minister for Immigration and Border Protection [2017] FCA 1274

Because s 476A(3)(a) of the Migration Act 1958 (Cth) prevents an appeal to the Federal Court from a Federal Circuit Court judgment refusing to make an order under s 477(2), the Federal Court had no jurisdiction to hear the proposed appeal and there was no utility in granting an extension of time to file it.

Jurisdiction
Australia
Judgment Date
30 October 2017
Procedural Posture
Migration Application for Extension of Time to File an Appeal / Federal Court Application for Extension of Time From a Federal Circuit Court Order Refusing an Extension of Time
Outcome
Application dismissed with costs.
Legal Topics
['extension of Time' 'federal Court Jurisdiction' 'appeals From Federal Circuit Court' 'migration Act 1958 (cth) S 477(2)' 'migration Act 1958 (cth) S 476 A(3)(a)']
['migration' 'administrative Law'] ['extension of Time' 'federal Court Jurisdiction' 'appeals From Federal Circuit Court' 'migration Act 1958 (cth) S 477(2)' 'migration Act 1958 (cth) S 476 A(3)(a)']

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Procedural Posture

Migration Application for Extension of Time to File an Appeal / Federal Court Application for Extension of Time From a Federal Circuit Court Order Refusing an Extension of Time

Legal Issues

  1. 1 ['Whether the Federal Court had jurisdiction to hear an appeal from a Federal Circuit Court decision refusing to make an order under s 477(2) of the Migration Act 1958 (Cth).' 'Whether there was utility in granting an extension of time to file an appeal from a decision from which an appeal could not be brought to the Federal Court.']

Ratio Decidendi

Because s 476A(3)(a) of the Migration Act 1958 (Cth) prevents an appeal to the Federal Court from a Federal Circuit Court judgment refusing to make an order under s 477(2), the Federal Court had no jurisdiction to hear the proposed appeal and there was no utility in granting an extension of time to file it.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed with costs to be taxed unless otherwise agreed.']