Neagoe v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 273

Neagoe v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 273

Because the primary judge refused to make an order extending time under s 477(2) of the Migration Act 1958 (Cth), s 476A(3)(a) barred any appeal to the Federal Court from that judgment. The Court therefore lacked jurisdiction, the notice of objection to competency was upheld, and the notice of appeal was dismissed.

Jurisdiction
Australia
Judgment Date
24 March 2023
Procedural Posture
Migration Appeal; Notice of Objection to Competency / Purported Appeal From a Decision of the Federal Circuit and Family Court of Australia (division 2) Refusing an Extension of Time Under S 477(2) of the Migration Act 1958 (cth)
Outcome
Notice of objection to competency upheld; notice of appeal dismissed for lack of jurisdiction; applicant ordered to pay the first respondent's costs as agreed or assessed.
Legal Topics
['extension of Time for Judicial Review' 'competency of Appeal' 'jurisdictional Bar Under S 476 A(3)(a) of the Migration Act 1958 (cth)' 'late Notice of Objection to Competency']
['migration Law' 'administrative Law' 'appellate Jurisdiction'] ['extension of Time for Judicial Review' 'competency of Appeal' 'jurisdictional Bar Under S 476 A(3)(a) of the Migration Act 1958 (cth)' 'late Notice of Objection to Competency']

Case Brief

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Procedural Posture

Migration Appeal; Notice of Objection to Competency / Purported Appeal From a Decision of the Federal Circuit and Family Court of Australia (division 2) Refusing an Extension of Time Under S 477(2) of the Migration Act 1958 (cth)

Legal Issues

  1. 1 ['Whether the Federal Court had jurisdiction to hear an appeal from a judgment of the Federal Circuit and Family Court of Australia (Division 2) refusing to make an order extending time under s 477(2) of the Migration Act 1958 (Cth).' 'Whether the first respondent should be permitted to rely on a notice of objection to competency filed out of time.']

Ratio Decidendi

Because the primary judge refused to make an order extending time under s 477(2) of the Migration Act 1958 (Cth), s 476A(3)(a) barred any appeal to the Federal Court from that judgment. The Court therefore lacked jurisdiction, the notice of objection to competency was upheld, and the notice of appeal was dismissed.

Court Disposition

Notice of objection to competency upheld; notice of appeal dismissed for lack of jurisdiction; applicant ordered to pay the first respondent's costs as agreed or assessed.

Orders

  • ['The first respondent have leave to move on the notice of objection to competency filed on 9 December 2022.' 'The notice of objection to competency be upheld.' 'The notice of appeal filed on 19 September 2022 be dismissed.' "The applicant pay the first respondent's costs of the application as agreed or assessed."]