Martinez v Minister for Immigration & Citizenship [2008] FCA 1994

Martinez v Minister for Immigration & Citizenship [2008] FCA 1994

It is appropriate to grant the applicant leave to withdraw the notice of discontinuance in proceeding 1100 of 2008; the subsequent proceeding was incompetent as it was out of time and the Court had no jurisdiction.

Jurisdiction
Australia
Judgment Date
05 December 2008
Procedural Posture
Migration Judicial Review / Interlocutory Directions/orders
Outcome
Leave granted to withdraw notice of discontinuance; directions given for further application filing and proceeding stood over.
Legal Topics
['judicial Review' 'visa Cancellation' 'privative Clause Decision']
['administrative Law' 'migration Law'] ['judicial Review' 'visa Cancellation' 'privative Clause Decision']

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Procedural Posture

Migration Judicial Review / Interlocutory Directions/orders

Legal Issues

  1. 1 ["Competence of appeal against Tribunal's privative clause decision" 'Jurisdiction of Federal Court regarding application for Constitution writ relief' 'Appropriateness of granting leave to withdraw notice of discontinuance']

Ratio Decidendi

It is appropriate to grant the applicant leave to withdraw the notice of discontinuance in proceeding 1100 of 2008; the subsequent proceeding was incompetent as it was out of time and the Court had no jurisdiction.

Court Disposition

Leave granted to withdraw notice of discontinuance; directions given for further application filing and proceeding stood over.

Orders

  • ['The applicant file an application in accordance with Form 56A no later than 23 January 2009.' 'The proceeding be stood over for directions on 6 February 2009.']