SZOQJ v Minister for Immigration and Citizenship [2011] FCA 191

SZOQJ v Minister for Immigration and Citizenship [2011] FCA 191

The Federal Court lacks jurisdiction to hear an appeal from a Federal Magistrate's refusal to extend time under s 477(2) of the Migration Act 1958 (Cth) because s 476A(3)(a) clearly bars such appeals. The appeal is incompetent and must be dismissed.

Parties
First Appellant: SZOQJ; Second Appellant: SZOQK; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
03 March 2011
Procedural Posture
Appeal / Application for Extension of Time on Appeal; Objection to Competency of Appeal
Outcome
Appeal dismissed as incompetent; no order as to costs
Legal Topics
Jurisdiction of Federal Court, Judicial Review, Extension of Time Applications, Refugee Status Determination
Migration Law Administrative Law Jurisdiction of Federal Court Judicial Review Extension of Time Applications Refugee Status Determination

Case Brief

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Parties

SZOQJ

First Appellant

SZOQK

Second Appellant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Application for Extension of Time on Appeal; Objection to Competency of Appeal

Legal Issues

  1. 1 Whether the Federal Court of Australia has jurisdiction to hear an appeal from a decision of a Federal Magistrate made under s 477(2) of the Migration Act 1958 (Cth) refusing to extend time for judicial review

Ratio Decidendi

The Federal Court lacks jurisdiction to hear an appeal from a Federal Magistrate's refusal to extend time under s 477(2) of the Migration Act 1958 (Cth) because s 476A(3)(a) clearly bars such appeals. The appeal is incompetent and must be dismissed.

Court Disposition

Appeal dismissed as incompetent; no order as to costs

Orders

  • The appeal be dismissed as incompetent.
  • There be no order as to costs.