BCL16 v Minister for Immigration and Border Protection [2018] FCA 1870

The Federal Court does not have jurisdiction to hear an application for an extension of time to appeal from a Federal Circuit Court judgment refusing to grant an extension of time for judicial review in a migration matter because s 476A(3)(a) of the Migration Act 1958 (Cth) expressly precludes such an appeal.

Jurisdiction: Australia
Judgment Date: 23 November 2018
Procedural Posture: Application for Extension of Time to Appeal / Judgment on Interlocutory Application
Outcome: Application dismissed for want of jurisdiction, with costs to the first respondent.
Legal Topics: ['appeal Jurisdiction' 'extension of Time' 'judicial Review']

['migration Law' 'administrative Law'] ['appeal Jurisdiction' 'extension of Time' 'judicial Review']

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Procedural Posture

Application for Extension of Time to Appeal / Judgment on Interlocutory Application

Legal Issues

1 ['Whether the Federal Court has jurisdiction to entertain an application for extension of time to appeal an interlocutory decision of the Federal Circuit Court in a migration matter.']

Ratio Decidendi

Court Disposition

Application dismissed for want of jurisdiction, with costs to the first respondent.

Orders

['The application for extension of time filed on 15 May 2018 be dismissed.' "The applicant pay the first respondent's costs to be agreed or assessed."]