CSE18 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1211

CSE18 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1211

The Federal Court lacks jurisdiction to hear an appeal from the Federal Circuit Court's refusal to extend time for review under s 477(2) of the Migration Act 1958 (Cth) because s 476A(3)(a) expressly prohibits such appeals, resulting in the application being incompetent and dismissed.

Parties
Applicant: CSE18; First Respondent: Minister for Immigration, Citizenship and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
13 October 2022
Procedural Posture
Migration Appeal / Application for Extension of Time to Appeal Dismissed for Want of Jurisdiction
Outcome
Application for extension of time dismissed for want of jurisdiction; applicant to pay first respondent's costs.
Legal Topics
Extension of Time, Jurisdiction, Appeals, Protection Visa, Judicial Review
Migration Law Administrative Law Extension of Time Jurisdiction Appeals Protection Visa Judicial Review

Case Brief

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Parties

CSE18

Applicant

Minister for Immigration, Citizenship and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Migration Appeal / Application for Extension of Time to Appeal Dismissed for Want of Jurisdiction

Legal Issues

  1. 1 Whether the Federal Court has jurisdiction to entertain an appeal from a refusal by the Federal Circuit Court to extend time for review under s 477 of the Migration Act 1958 (Cth)
  2. 2 Whether the application for extension of time to appeal is competent

Ratio Decidendi

The Federal Court lacks jurisdiction to hear an appeal from the Federal Circuit Court's refusal to extend time for review under s 477(2) of the Migration Act 1958 (Cth) because s 476A(3)(a) expressly prohibits such appeals, resulting in the application being incompetent and dismissed.

Court Disposition

Application for extension of time dismissed for want of jurisdiction; applicant to pay first respondent's costs.

Orders

  • The application is dismissed.
  • The applicant is to pay the first respondent's costs to be assessed by a registrar of this court on a lump sum basis if not agreed.