Hossen v Minister for Immigration and Border Protection [2017] FCA 159

Hossen v Minister for Immigration and Border Protection [2017] FCA 159

The Federal Court lacks jurisdiction to hear an appeal from the Federal Circuit Court’s refusal to extend time under s 477(2) of the Migration Act 1958 (Cth), as explicitly barred by s 476A(3). Even if jurisdiction existed, there are no reasonably arguable grounds for review, and no error in the primary judge’s decision.

Jurisdiction
Australia
Judgment Date
21 February 2017
Procedural Posture
Application for Extension of Time and Leave to Appeal / Judgment on Application for Extension of Time and Leave to Appeal
Outcome
Application for extension of time and leave to appeal dismissed.
Legal Topics
['extension of Time' 'visa Application' 'appeals' 'judicial Review']
['administrative Law' 'immigration Law'] ['extension of Time' 'visa Application' 'appeals' 'judicial Review']

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Judgment on Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ['Whether the Federal Court has jurisdiction to consider an appeal from an order of the Federal Circuit Court refusing an extension of time under s 477(2) of the Migration Act 1958 (Cth)' 'Whether criteria for extension of time and leave to appeal are satisfied' 'Whether there are any reasonably arguable grounds of review of the Tribunal’s decision']

Ratio Decidendi

The Federal Court lacks jurisdiction to hear an appeal from the Federal Circuit Court’s refusal to extend time under s 477(2) of the Migration Act 1958 (Cth), as explicitly barred by s 476A(3). Even if jurisdiction existed, there are no reasonably arguable grounds for review, and no error in the primary judge’s decision.

Court Disposition

Application for extension of time and leave to appeal dismissed.

Orders

  • ['The application for an extension of time and leave to appeal is dismissed.' 'The applicant pay the costs of the first respondent to be assessed if not agreed.']