EBT16 v Minister for Home Affairs [2019] FCA 832

EBT16 v Minister for Home Affairs [2019] FCA 832

The Federal Court lacks jurisdiction to hear and determine an appeal against a refusal by the Federal Circuit Court to make an order under s 477(2) of the Migration Act 1958 (Cth), including an application for extension of time for leave to appeal against such a judgment.

Parties
Appellant: EBT16; First Respondent: Minister for Home Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
28 May 2019
Procedural Posture
Application for Extension of Time for Leave to Appeal / Judgment
Outcome
application dismissed
Legal Topics
Extension of Time, Leave to Appeal, Jurisdiction
Migration Extension of Time Leave to Appeal Jurisdiction

Case Brief

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Parties

EBT16

Appellant

Minister for Home Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time for Leave to Appeal / Judgment

Legal Issues

  1. 1 Whether the Federal Court has jurisdiction to hear an appeal from a Federal Circuit Court order refusing extension of time under s 477(2) of the Migration Act 1958 (Cth)

Ratio Decidendi

The Federal Court lacks jurisdiction to hear and determine an appeal against a refusal by the Federal Circuit Court to make an order under s 477(2) of the Migration Act 1958 (Cth), including an application for extension of time for leave to appeal against such a judgment.

Court Disposition

application dismissed

Orders

  • The application for an extension of time and leave to appeal be dismissed.
  • The applicant pay the first respondent's costs of the application.