Martinez v Minister for Immigration & Citizenship (No 2) [2008] FCA 1995

Martinez v Minister for Immigration & Citizenship (No 2) [2008] FCA 1995

The proceeding was incompetent because no appeal lies from the Tribunal's decision under the Migration Act 1958 (Cth), and the time for commencing any proceeding for Constitutional writ relief had expired, leaving the Court without jurisdiction to deal with such relief in this proceeding.

Jurisdiction
Australia
Judgment Date
05 December 2008
Procedural Posture
Application for Extension of Time to Appeal From a Decision of the Administrative Appeals Tribunal Affirming Cancellation of a Visa Under the Migration Act 1958 (cth) / Final Orders; Proceeding Dismissed as Incompetent
Outcome
Proceeding dismissed as incompetent.
Legal Topics
['visa Cancellation' 'administrative Appeals Tribunal' 'extension of Time to Appeal' 'constitutional Writ Relief' 'jurisdiction']
['immigration Law' 'administrative Law'] ['visa Cancellation' 'administrative Appeals Tribunal' 'extension of Time to Appeal' 'constitutional Writ Relief' 'jurisdiction']

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Procedural Posture

Application for Extension of Time to Appeal From a Decision of the Administrative Appeals Tribunal Affirming Cancellation of a Visa Under the Migration Act 1958 (cth) / Final Orders; Proceeding Dismissed as Incompetent

Legal Issues

  1. 1 ['Whether an appeal lies from a decision of the Administrative Appeals Tribunal under the Migration Act 1958 (Cth).' 'Whether the Court had jurisdiction to deal with Constitutional writ relief after the time for commencing such a proceeding had expired.']

Ratio Decidendi

The proceeding was incompetent because no appeal lies from the Tribunal's decision under the Migration Act 1958 (Cth), and the time for commencing any proceeding for Constitutional writ relief had expired, leaving the Court without jurisdiction to deal with such relief in this proceeding.

Court Disposition

Proceeding dismissed as incompetent.

Orders

  • ['The proceeding be dismissed as incompetent.' 'The costs of this proceeding be treated as costs in proceeding NSD 1100 of 2008.']