EOT21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 619

EOT21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 619

By operation of s 476A of the Migration Act 1958 (Cth), the Federal Court does not have jurisdiction to hear an appeal from the refusal of an extension of time by the Federal Circuit Court under s 477(2); therefore, the application is incompetent and must be dismissed.

Parties
Applicant: EOT21; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
23 May 2022
Procedural Posture
Migration Appeal / Application for Extension of Time and Leave to Appeal From Federal Circuit Court Decision
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Jurisdiction, Judicial Review
Migration Extension of Time Jurisdiction Judicial Review

Case Brief

Summary, issues, holding and outcome

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Parties

EOT21

Applicant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Migration Appeal / Application for Extension of Time and Leave to Appeal From Federal Circuit Court Decision

Legal Issues

  1. 1 Whether the Federal Court has jurisdiction to hear an appeal from a refusal by the Federal Circuit Court to grant an extension of time under s 477(2) of the Migration Act 1958 (Cth)
  2. 2 Whether the extension of time should have been granted to the applicant

Ratio Decidendi

By operation of s 476A of the Migration Act 1958 (Cth), the Federal Court does not have jurisdiction to hear an appeal from the refusal of an extension of time by the Federal Circuit Court under s 477(2); therefore, the application is incompetent and must be dismissed.

Court Disposition

Application dismissed with costs

Orders

  • The application be dismissed with costs.