SZQYP v Hannigan [2012] FCA 723

SZQYP v Hannigan [2012] FCA 723

The Registrar's refusal was justified under r 2.26 of the Federal Court Rules 2011 because, even if the technical bar did not apply to the order dismissing the substantive application, the application for judicial review did not particularise a jurisdictional error and was doomed to fail. Relief would also be denied in the exercise of discretion as the proceeding was futile.

Parties
First Applicant: SZQYP; Second Applicant: SZQYQ; Third Applicant: SZQYR; Fourth Applicant: SZQYS; Fifth Applicant: SZQYT; First Respondent: Patricia Hannigan, Deputy District Registrar; Second Respondent: Minister for Immigration and Citizenship
Jurisdiction
Australia
Judgment Date
06 July 2012
Procedural Posture
Judicial Review / Application to Review Registrar's Refusal to Accept Filing/application for Judicial Review
Outcome
Application dismissed
Legal Topics
Judicial Review, Jurisdictional Error, Federal Court Rules, Migration Act, Registrar Filing Decisions
Administrative Law Migration Judicial Review Jurisdictional Error Federal Court Rules Migration Act Registrar Filing Decisions

Case Brief

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Parties

SZQYP

First Applicant

SZQYQ

Second Applicant

SZQYR

Third Applicant

SZQYS

Fourth Applicant

SZQYT

Fifth Applicant

Patricia Hannigan, Deputy District Registrar

First Respondent

Minister for Immigration and Citizenship

Second Respondent

Procedural Posture

Judicial Review / Application to Review Registrar's Refusal to Accept Filing/application for Judicial Review

Legal Issues

  1. 1 Whether the Registrar erred in refusing to accept documents for filing under r 2.26 of the Federal Court Rules 2011 on the basis that the proceeding was doomed to fail for want of jurisdiction under s 477(2) of the Migration Act 1958 (Cth)
  2. 2 Whether the Registrar failed to take into account a relevant consideration in exercising power under r 2.26
  3. 3 Whether the Federal Court can entertain an application for leave to appeal from an order dismissing an application as incompetent under s 477(2), or is barred under s 476A(3)(a)

Ratio Decidendi

The Registrar's refusal was justified under r 2.26 of the Federal Court Rules 2011 because, even if the technical bar did not apply to the order dismissing the substantive application, the application for judicial review did not particularise a jurisdictional error and was doomed to fail. Relief would also be denied in the exercise of discretion as the proceeding was futile.

Court Disposition

Application dismissed

Orders

  • The originating application be treated as an application for orders under the Administrative Decisions (Judicial Review) Act 1977 (Cth).
  • Compliance with rr 31.01 and 31.03 of the Federal Court Rules 2011 be dispensed with.