MZYKI v Minister for Immigration and Citizenship [2011] FCA 974

MZYKI v Minister for Immigration and Citizenship [2011] FCA 974

The application for extension of time was refused because the Federal Court lacks jurisdiction to hear appeals from the Federal Magistrates Court made under s 477(2) of the Migration Act 1958 (Cth), making any extension pointless.

Jurisdiction
Australia
Judgment Date
23 August 2011
Procedural Posture
Appeal / Application for Extension of Time to File Notice of Appeal
Outcome
Application dismissed
Legal Topics
['extension of Time' 'appeals' 'jurisdiction']
['migration Law'] ['extension of Time' 'appeals' 'jurisdiction']

Case Brief

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Procedural Posture

Appeal / Application for Extension of Time to File Notice of Appeal

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to file an appeal' 'Whether the Court has jurisdiction to hear the appeal']

Ratio Decidendi

The application for extension of time was refused because the Federal Court lacks jurisdiction to hear appeals from the Federal Magistrates Court made under s 477(2) of the Migration Act 1958 (Cth), making any extension pointless.

Court Disposition

Application dismissed

Orders

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