Singhu v Minister for Immigration and Border Protection [2015] FCA 893

Singhu v Minister for Immigration and Border Protection [2015] FCA 893

The application for extension of time is incompetent and must be dismissed as s 476A(3)(a) of the Migration Act 1958 (Cth) precludes appeal of the substantive order refusing an extension of time by the Federal Circuit Court, and there is no legal foundation to impugn the consequential orders. There is no basis for reconstituting the application as one under s 39B Judiciary Act as no jurisdictional error is shown.

Jurisdiction
Australia
Judgment Date
19 August 2015
Procedural Posture
Application for Extension of Time to Appeal / Decision on Application for Extension of Time
Outcome
Application for extension of time dismissed with costs.
Legal Topics
['extension of Time to Appeal' 'judicial Review' 'jurisdictional Error' 'competent English Skills Criterion for Visa' 'federal Court Appeal Competence']
['administrative Law' 'migration Law' 'practice and Procedure'] ['extension of Time to Appeal' 'judicial Review' 'jurisdictional Error' 'competent English Skills Criterion for Visa' 'federal Court Appeal Competence']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Decision on Application for Extension of Time

Legal Issues

  1. 1 ['Whether the application for extension of time to file notice of appeal should be granted' 'Whether application can be reconstituted as an application pursuant to s 39B of the Judiciary Act 1903 (Cth)' 'Whether the Federal Court has jurisdiction to hear an appeal from the Federal Circuit Court decision refusing extension of time under s 477(2) of the Migration Act 1958 (Cth)']

Ratio Decidendi

The application for extension of time is incompetent and must be dismissed as s 476A(3)(a) of the Migration Act 1958 (Cth) precludes appeal of the substantive order refusing an extension of time by the Federal Circuit Court, and there is no legal foundation to impugn the consequential orders. There is no basis for reconstituting the application as one under s 39B Judiciary Act as no jurisdictional error is shown.

Court Disposition

Application for extension of time dismissed with costs.

Orders

  • ['The application for extension of time filed 17 June 2015 be dismissed with costs.']