SZODN v Minister for Immigration and Citizenship [2010] FCA 886

SZODN v Minister for Immigration and Citizenship [2010] FCA 886

Because the judgment sought to be appealed was a Federal Magistrates Court judgment refusing an extension of time under s 477(2) of the Migration Act 1958 (Cth), s 476A(3)(a) expressly removed the Federal Court's jurisdiction to entertain the appeal; the Court therefore had no option but to dismiss the application for leave to appeal.

Jurisdiction
Australia
Judgment Date
25 June 2010
Procedural Posture
Application for Leave to Appeal / Application for Leave to Appeal From Refusal by the Federal Magistrates Court to Extend Time for Migration Judicial Review; Notice of Objection to Competency Filed by the Minister
Outcome
Application for leave to appeal dismissed for want of jurisdiction; applicants ordered to pay the first respondent's costs.
Legal Topics
['protection Visas' 'refugee Review Tribunal Review' 'judicial Review' 'extension of Time' 'jurisdictional Error' 'appeal Competency' 'ministerial Intervention']
['migration Law' 'administrative Law' 'federal Jurisdiction'] ['protection Visas' 'refugee Review Tribunal Review' 'judicial Review' 'extension of Time' 'jurisdictional Error' 'appeal Competency' 'ministerial Intervention']

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Procedural Posture

Application for Leave to Appeal / Application for Leave to Appeal From Refusal by the Federal Magistrates Court to Extend Time for Migration Judicial Review; Notice of Objection to Competency Filed by the Minister

Legal Issues

  1. 1 ['Whether the Federal Court had jurisdiction to entertain an application for leave to appeal from a Federal Magistrates Court judgment refusing to make an order under s 477(2) of the Migration Act 1958 (Cth).' 'Whether the application for leave to appeal should be dismissed because s 476A(3)(a) of the Migration Act 1958 (Cth) removes Federal Court jurisdiction for such appeals.']

Ratio Decidendi

Because the judgment sought to be appealed was a Federal Magistrates Court judgment refusing an extension of time under s 477(2) of the Migration Act 1958 (Cth), s 476A(3)(a) expressly removed the Federal Court's jurisdiction to entertain the appeal; the Court therefore had no option but to dismiss the application for leave to appeal.

Court Disposition

Application for leave to appeal dismissed for want of jurisdiction; applicants ordered to pay the first respondent's costs.

Orders

  • ['The application for leave to appeal is dismissed.' "The applicants pay the first respondent's costs."]