SZQPN v Minister for Immigration and Citizenship [2012] FCA 424

SZQPN v Minister for Immigration and Citizenship [2012] FCA 424

The application for leave to appeal must be dismissed because s 476A(3)(a) of the Migration Act 1958 (Cth) bars appeals from Federal Magistrates Court judgments refusing to extend time, and any consequential orders dismissing the application as not competent, while technically appealable, are unassailable and any appeal would be doomed to fail.

Parties
First Applicant: SZQPN; Second Applicant: SZQPO; Third Applicant: SZQPP; Fourth Applicant: SZQPQ; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
24 April 2012
Procedural Posture
Application for Leave to Appeal / Judgment on Application for Leave to Appeal From the Federal Magistrates Court
Outcome
Application for leave to appeal dismissed; costs ordered against first and second applicants
Legal Topics
Extension of Time, Jurisdiction, Application for Leave to Appeal
Migration Law Extension of Time Jurisdiction Application for Leave to Appeal

Case Brief

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Parties

SZQPN

First Applicant

SZQPO

Second Applicant

SZQPP

Third Applicant

SZQPQ

Fourth Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Judgment on Application for Leave to Appeal From the Federal Magistrates Court

Legal Issues

  1. 1 Whether the Federal Court has jurisdiction to hear an appeal from a refusal to extend time under s 477(2) Migration Act 1958 (Cth)
  2. 2 Whether leave to appeal should be granted where the appeal is doomed to fail due to jurisdictional bar

Ratio Decidendi

The application for leave to appeal must be dismissed because s 476A(3)(a) of the Migration Act 1958 (Cth) bars appeals from Federal Magistrates Court judgments refusing to extend time, and any consequential orders dismissing the application as not competent, while technically appealable, are unassailable and any appeal would be doomed to fail.

Court Disposition

Application for leave to appeal dismissed; costs ordered against first and second applicants

Orders

  • The application for leave to appeal filed on 27 March 2012 be dismissed.
  • The first and second applicants pay the first respondent's costs of and in connection with the application as agreed or taxed.