MZZTY v Minister for Immigration and Border Protection [2013] FCA 1289

MZZTY v Minister for Immigration and Border Protection [2013] FCA 1289

Because the application for judicial review in the Federal Circuit Court was brought out of time and refused an extension under s 477(2), s 476A(3) of the Migration Act 1958 (Cth) precluded appellate jurisdiction in the Federal Court, requiring the appeal to be dismissed.

Jurisdiction
Australia
Judgment Date
28 November 2013
Procedural Posture
Appeal / Ruling on Notice of Objection to Competency
Outcome
Appeal dismissed for want of jurisdiction
Legal Topics
['jurisdiction' 'appellate Procedure' 'judicial Review' 'extension of Time' 'federal Court Powers']
['migration Law' 'practice and Procedure'] ['jurisdiction' 'appellate Procedure' 'judicial Review' 'extension of Time' 'federal Court Powers']

Case Brief

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Procedural Posture

Appeal / Ruling on Notice of Objection to Competency

Legal Issues

  1. 1 ['Whether the Federal Court has jurisdiction to hear an appeal from a Federal Circuit Court order refusing an extension of time under s 477(2) of the Migration Act 1958 (Cth)' 'Whether the appeal brought by the appellant is competent']

Ratio Decidendi

Because the application for judicial review in the Federal Circuit Court was brought out of time and refused an extension under s 477(2), s 476A(3) of the Migration Act 1958 (Cth) precluded appellate jurisdiction in the Federal Court, requiring the appeal to be dismissed.

Court Disposition

Appeal dismissed for want of jurisdiction

Orders

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