Heller v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 907

Heller v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 907

Section 476A(3)(a) of the Migration Act 1958 (Cth) prohibits the Federal Court from hearing an appeal from a Federal Circuit Court judgment refusing to extend time under s 477(2); therefore, the appeal is incompetent and must be dismissed.

Parties
Appellant: Ariane Madeleine Heller; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
30 June 2020
Procedural Posture
Appeal / Objection to Competency of Appeal in the Federal Court Determined on the Papers
Outcome
Appeal dismissed as incompetent
Legal Topics
Extension of Time for Judicial Review, Appeal Jurisdiction Under Migration Act, Objection to Competency, Federal Court Jurisdictional Limits
Migration Law Administrative Law Extension of Time for Judicial Review Appeal Jurisdiction Under Migration Act Objection to Competency Federal Court Jurisdictional Limits

Case Brief

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Parties

Ariane Madeleine Heller

Appellant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Objection to Competency of Appeal in the Federal Court Determined on the Papers

Legal Issues

  1. 1 Whether the Federal Court has jurisdiction to hear an appeal from a Federal Circuit Court refusal to extend time under s 477(2) of the Migration Act 1958 (Cth)
  2. 2 Whether a notice of objection to competency may be filed out of time and accepted by the Court

Ratio Decidendi

Section 476A(3)(a) of the Migration Act 1958 (Cth) prohibits the Federal Court from hearing an appeal from a Federal Circuit Court judgment refusing to extend time under s 477(2); therefore, the appeal is incompetent and must be dismissed.

Court Disposition

Appeal dismissed as incompetent

Orders

  • The name of the first respondent be amended to read 'Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs'.
  • The appeal of Ariane Madeleine Heller filed on 14 October 2019 be dismissed as incompetent.