AZACM v Minister for Immigration and Citizenship [2013] FCA 710

AZACM v Minister for Immigration and Citizenship [2013] FCA 710

The Federal Court lacks jurisdiction to hear an application for leave to appeal from the Federal Magistrates Court's refusal to grant an extension of time under s 477(2) of the Migration Act 1958 (Cth), due to the explicit statutory bar in s 476A(3).

Jurisdiction
Australia
Judgment Date
19 July 2013
Procedural Posture
Application for Leave to Appeal / Judgment on Application for Leave to Appeal and Extension of Time
Outcome
Application for leave to appeal and extension of time refused. Applicants to pay costs to the first respondent.
Legal Topics
['jurisdiction of Federal Court' 'time Limits for Appeals' 'refugee Status' 'extensions of Time']
['administrative Law' 'immigration Law'] ['jurisdiction of Federal Court' 'time Limits for Appeals' 'refugee Status' 'extensions of Time']

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Procedural Posture

Application for Leave to Appeal / Judgment on Application for Leave to Appeal and Extension of Time

Legal Issues

  1. 1 ["Whether the Federal Court has jurisdiction to hear an application for leave to appeal from the Federal Magistrates Court's refusal to grant an extension of time under s 477(2) of the Migration Act 1958 (Cth)." 'Whether there is a statutory foundation for seeking such leave to appeal.']

Ratio Decidendi

The Federal Court lacks jurisdiction to hear an application for leave to appeal from the Federal Magistrates Court's refusal to grant an extension of time under s 477(2) of the Migration Act 1958 (Cth), due to the explicit statutory bar in s 476A(3).

Court Disposition

Application for leave to appeal and extension of time refused. Applicants to pay costs to the first respondent.

Orders

  • ['The application for leave to appeal from the orders of the Federal Magistrates Court made on 21 March 2013 and the application for an extension of time within which to seek that leave are refused.' 'The applicant pay to the first respondent the costs of the application.']