CYD16 v Minister for Immigration and Border Protection [2019] FCA 213

Because s 476A(3)(a) of the Migration Act prohibits an appeal to the Federal Court from a Federal Circuit Court's refusal to make an order under s 477(2), the application is futile and must be dismissed.

Jurisdiction: Australia
Judgment Date: 22 February 2019
Procedural Posture: Application for Extension of Time to Appeal / Dismissal of Application for Extension of Time
Outcome: Application dismissed with costs
Legal Topics: ['extension of Time to Appeal' 'jurisdiction of Federal Court' 'interlocutory Decisions Under Migration Act']

['migration'] ['extension of Time to Appeal' 'jurisdiction of Federal Court' 'interlocutory Decisions Under Migration Act']

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Procedural Posture

Application for Extension of Time to Appeal / Dismissal of Application for Extension of Time

Legal Issues

1 ['Whether the Federal Court has jurisdiction to hear appeal from interlocutory decision of Federal Circuit Court refusing extension of time under s 477(2) Migration Act 1958 (Cth)']

Ratio Decidendi

Court Disposition

Application dismissed with costs

Orders

['The application for extension of time filed on 16 August 2018 be dismissed.' "The applicant pay the first respondent's costs to be agreed or assessed."]