ACE21 v Minister for Home Affairs [2021] FCA 702

ACE21 v Minister for Home Affairs [2021] FCA 702

The appeals were incompetent because they sought to appeal Federal Circuit Court orders refusing transfer to the Federal Court, from which no appeal lies under s 39(6), and in FJW20 also an adjournment order from which no appeal lies under s 24(1AA)(b)(ii). Because the appeals were incompetent, the Court could not grant interim relief in them.

Jurisdiction
Australia
Judgment Date
24 June 2021
Procedural Posture
Appeals From Procedural Orders of the Federal Circuit Court of Australia / Determination of Whether the Appeals Were Competent
Outcome
Both appeals dismissed as incompetent.
Legal Topics
['appeals From Procedural Orders' 'transfer From Federal Circuit Court to Federal Court' 'competency of Appeals' 'interim Relief']
['practice and Procedure' 'administrative and Constitutional Law and Human Rights'] ['appeals From Procedural Orders' 'transfer From Federal Circuit Court to Federal Court' 'competency of Appeals' 'interim Relief']

Case Brief

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Procedural Posture

Appeals From Procedural Orders of the Federal Circuit Court of Australia / Determination of Whether the Appeals Were Competent

Legal Issues

  1. 1 ['Whether an appeal lies to the Federal Court from a Federal Circuit Court refusal to transfer a proceeding to the Federal Court.' 'Whether an appeal lies to the Federal Court from an order adjourning a proceeding to a different day.' 'Whether the Federal Court could grant interim relief in appeals found to be incompetent.']

Ratio Decidendi

The appeals were incompetent because they sought to appeal Federal Circuit Court orders refusing transfer to the Federal Court, from which no appeal lies under s 39(6), and in FJW20 also an adjournment order from which no appeal lies under s 24(1AA)(b)(ii). Because the appeals were incompetent, the Court could not grant interim relief in them.

Court Disposition

Both appeals dismissed as incompetent.

Orders

  • ['NSD 599 of 2021: The appeal be dismissed as incompetent.' "NSD 599 of 2021: The Appellant pay the Respondents' costs as taxed or agreed." 'NSD 604 of 2021: The appeal be dismissed as incompetent.' "NSD 604 of 2021: The Appellant pay the Respondents' costs as taxed or agreed."]