AWI16 v Minister for Immigration and Border Protection [2018] FCA 284

The Federal Circuit Court's refusal to make an order under s 477(2) of the Migration Act 1958 (Cth) was not appealable, rendering the appeal incompetent under s 476A(3)(a), and therefore must be dismissed.

Jurisdiction: Australia
Judgment Date: 09 March 2018
Procedural Posture: Appeal / Judgment
Outcome: Appeal dismissed
Legal Topics: ['migration' 'judicial Review' 'appeal Competency' 'protection Visa']

['administrative Law' 'constitutional Law' 'human Rights'] ['migration' 'judicial Review' 'appeal Competency' 'protection Visa']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

1 ['Whether the Federal Circuit Court erred in refusing to make an order under s 477(2) of the Migration Act 1958 (Cth)' 'Whether the grounds of appeal disclosed an appealable error' 'Whether the appeal was competent under s 476A(3) of the Migration Act 1958 (Cth)']

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

['The appeal be dismissed.' 'The appellant pay the costs of the first respondent, such costs to be taxed if not otherwise agreed.']