Nyoni v Decision Maker [2016] FCA 753

Nyoni v Decision Maker [2016] FCA 753

The proceeding was fundamentally misconceived as the Administrative Appeals Tribunal has no jurisdiction to review judicial decisions of the Federal Court; only the courts possess such jurisdiction, and the application disclosed no reasonable prospect of success.

Jurisdiction
Australia
Judgment Date
02 June 2016
Procedural Posture
Appeal / Hearing and Dismissal
Outcome
Application dismissed
Legal Topics
['administrative Appeals Tribunal Jurisdiction' 'review of Judicial Decisions' 'jurisdictional Error']
['administrative Law'] ['administrative Appeals Tribunal Jurisdiction' 'review of Judicial Decisions' 'jurisdictional Error']

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Procedural Posture

Appeal / Hearing and Dismissal

Legal Issues

  1. 1 ["Whether the Administrative Appeals Tribunal had jurisdiction to review a Federal Court judge's decision" 'Whether the application has a reasonable prospect of success']

Ratio Decidendi

The proceeding was fundamentally misconceived as the Administrative Appeals Tribunal has no jurisdiction to review judicial decisions of the Federal Court; only the courts possess such jurisdiction, and the application disclosed no reasonable prospect of success.

Court Disposition

Application dismissed

Orders

  • ['This proceeding be dismissed.']