BJT21 v Minister for Home Affairs [2021] FCA 663

BJT21 v Minister for Home Affairs [2021] FCA 663

The Federal Court had no jurisdiction to determine the applicant's pending application for an extension of time under s 477(2) of the Migration Act 1958 (Cth) after the Federal Circuit Court transferred the proceeding without deciding that application. Because s 477(2) confers that extension power on the Federal Circuit Court for applications brought under s 476, proceeding NSD567/2021 had to be remitted to the Federal Circuit Court for determination of the extension application.

Jurisdiction
Australia
Judgment Date
17 June 2021
Procedural Posture
Applications for Judicial Review of Migration Decisions, Including Review of a Decision of the Administrative Appeals Tribunal / Federal Court Determination of Jurisdiction and Remittal After Transfer From the Federal Circuit Court
Outcome
Proceeding NSD567/2021 was remitted to the Federal Circuit Court of Australia for determination of the applicant's application for an extension of time; proceeding NSD495/2021 was adjourned.
Legal Topics
['mandatory Cancellation of Visa Under S 501(3 A) of the Migration Act 1958 (cth)' 'revocation Under S 501 CA of the Migration Act 1958 (cth)' 'extension of Time Under S 477(2) of the Migration Act 1958 (cth)' 'transfer of Proceedings From the Federal Circuit Court to the Federal Court' 'jurisdiction of the Federal Court in Migration Decisions']
['migration Law' 'administrative Law' 'federal Jurisdiction'] ['mandatory Cancellation of Visa Under S 501(3 A) of the Migration Act 1958 (cth)' 'revocation Under S 501 CA of the Migration Act 1958 (cth)' 'extension of Time Under S 477(2) of the Migration Act 1958 (cth)' 'transfer of Proceedings From the Federal Circuit Court to the Federal Court' 'jurisdiction of the Federal Court in Migration Decisions']

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Procedural Posture

Applications for Judicial Review of Migration Decisions, Including Review of a Decision of the Administrative Appeals Tribunal / Federal Court Determination of Jurisdiction and Remittal After Transfer From the Federal Circuit Court

Legal Issues

  1. 1 ['Whether the Federal Court has jurisdiction to determine an application for an extension of time under s 477(2) of the Migration Act 1958 (Cth) in a proceeding transferred from the Federal Circuit Court.' "Whether proceeding NSD567/2021 should be remitted to the Federal Circuit Court for determination of the applicant's application for an extension of time." "Whether the delegate's decision under s 501(3A) was of no effect because the applicant was ultimately sentenced to less than 12 months' imprisonment."]

Ratio Decidendi

The Federal Court had no jurisdiction to determine the applicant's pending application for an extension of time under s 477(2) of the Migration Act 1958 (Cth) after the Federal Circuit Court transferred the proceeding without deciding that application. Because s 477(2) confers that extension power on the Federal Circuit Court for applications brought under s 476, proceeding NSD567/2021 had to be remitted to the Federal Circuit Court for determination of the extension application.

Court Disposition

Proceeding NSD567/2021 was remitted to the Federal Circuit Court of Australia for determination of the applicant's application for an extension of time; proceeding NSD495/2021 was adjourned.

Orders

  • ["Proceeding NSD567/2021 be remitted to the Federal Circuit Court of Australia for determination of the applicant's application for an extension of time pursuant to s 477(2) of the Migration Act 1958 (Cth)." 'Proceeding NSD495/2021 be adjourned to a date to be fixed.' 'The parties have liberty to apply.']