NAEH v Minister for Immigration and Citizenship [2007] FCA 1455

NAEH v Minister for Immigration and Citizenship [2007] FCA 1455

The application for leave to appeal was dismissed as the Federal Magistrates Court properly found that it was filed out of time under s 477 of the Migration Act 1958 (Cth), and because no grounds were raised that could support intervention even if the application had been made within time.

Parties
Applicant: NAEH; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
30 August 2007
Procedural Posture
Application for Leave to Appeal / Dismissal of Application for Leave to Appeal From Federal Magistrates Court
Outcome
Application for leave to appeal dismissed with costs
Legal Topics
Leave to Appeal, Procedural Time Limits, Jurisdictional Error, Natural Justice
Migration Law Leave to Appeal Procedural Time Limits Jurisdictional Error Natural Justice

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Parties

NAEH

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Dismissal of Application for Leave to Appeal From Federal Magistrates Court

Legal Issues

  1. 1 Whether leave to appeal should be granted despite application being out of time
  2. 2 Whether Federal Magistrates Court erred in dismissing application as incompetent
  3. 3 Whether Tribunal decision involved jurisdictional error or breach of natural justice

Ratio Decidendi

The application for leave to appeal was dismissed as the Federal Magistrates Court properly found that it was filed out of time under s 477 of the Migration Act 1958 (Cth), and because no grounds were raised that could support intervention even if the application had been made within time.

Court Disposition

Application for leave to appeal dismissed with costs

Orders

  • The application for leave to appeal is dismissed.
  • The applicant pay the first respondent's costs fixed in the sum of $1,000.