EGV18 v Minister for Home Affairs [2019] 1348

EGV18 v Minister for Home Affairs [2019] 1348

The Federal Court does not have jurisdiction to hear an appeal from a decision of the Federal Circuit Court made under s 477(2) of the Migration Act 1958 (Cth) due to the express prohibition in s 476A(3).

Parties
Appellant: EGV18; First Respondent: Minister for Home Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
21 August 2019
Procedural Posture
Application for Leave to Appeal / Judgment on Competency and Dismissal of Appeal
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Appeals, Extension of Time
Administrative Law Migration Law Judicial Review Appeals Extension of Time

Case Brief

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Parties

EGV18

Appellant

Minister for Home Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Judgment on Competency and Dismissal of Appeal

Legal Issues

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

Ratio Decidendi

The Federal Court does not have jurisdiction to hear an appeal from a decision of the Federal Circuit Court made under s 477(2) of the Migration Act 1958 (Cth) due to the express prohibition in s 476A(3).

Court Disposition

Appeal dismissed

Orders

  • The period specified in r 36.72(1) of the Federal Court Rules 2011 (Cth) for the filing of a notice of competency be extended to 21 August 2019.
  • The proceeding commenced by way of notice of appeal filed on 13 March 2019 be dismissed.