MZYIZ v Minister for Immigration and Citizenship [2010] FCA 1449

MZYIZ v Minister for Immigration and Citizenship [2010] FCA 1449

By reason of s 476A(3)(a) of the Migration Act, the Federal Court has no jurisdiction to hear an appeal from a Federal Magistrates Court judgment made under s 477(2), and consequently, leave to appeal must be dismissed.

Jurisdiction
Australia
Judgment Date
01 December 2010
Procedural Posture
Application for Leave to Appeal / Judgment on Application for Leave to Appeal
Outcome
Application dismissed for want of jurisdiction
Legal Topics
['extension of Time' 'judicial Review' 'jurisdiction' 'appeals']
['migration Law' 'practice and Procedure'] ['extension of Time' 'judicial Review' 'jurisdiction' 'appeals']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Judgment on Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether the Federal Court has jurisdiction to hear an appeal from a Federal Magistrates Court judgment made under s 477(2) of the Migration Act 1958' 'Whether leave to appeal should be granted']

Ratio Decidendi

By reason of s 476A(3)(a) of the Migration Act, the Federal Court has no jurisdiction to hear an appeal from a Federal Magistrates Court judgment made under s 477(2), and consequently, leave to appeal must be dismissed.

Court Disposition

Application dismissed for want of jurisdiction

Orders

  • ['The application be dismissed.' "The applicant pay the first respondent's costs of this application."]