CIP16 v Minister for Immigration and Border Protection [2019] FCA 640

Because s 476A(3) of the Migration Act 1958 (Cth) bars an appeal to the Federal Court from a Federal Circuit Court judgment refusing an extension of time under s 477(2), the Court had no jurisdiction to entertain the appeal from the refusal of the extension of time, or from ancillary orders made in that matter.

Jurisdiction: Australia
Judgment Date: 07 May 2019
Procedural Posture: Migration Appeal / Appeal From Federal Circuit Court Order Refusing Extension of Time to Apply for Judicial Review; Notice of Objection to Competency
Outcome: Notice of objection to competency upheld; appeal dismissed.
Legal Topics: ['protection Visa' 'judicial Review' 'extension of Time' 'appeal Competency' 'federal Court Jurisdiction']

['migration Law' 'administrative Law' 'federal Jurisdiction'] ['protection Visa' 'judicial Review' 'extension of Time' 'appeal Competency' 'federal Court Jurisdiction']

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Procedural Posture

Migration Appeal / Appeal From Federal Circuit Court Order Refusing Extension of Time to Apply for Judicial Review; Notice of Objection to Competency

Legal Issues

1 ['Whether the Federal Court had jurisdiction to hear an appeal from an order of the Federal Circuit Court refusing to extend time under s 477(2) of the Migration Act 1958 (Cth).' 'Whether the Federal Court had jurisdiction to hear an appeal from ancillary orders made in the Federal Circuit Court proceedings.']

Ratio Decidendi

Court Disposition

Notice of objection to competency upheld; appeal dismissed.

Orders

['The appeal is dismissed.' "The appellant pay the first respondent's costs of the appeal, to be assessed if not agreed."]