Borra v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 1215

Borra v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 1215

The Federal Circuit Court order under appeal was a refusal to enlarge time under s 477(2) of the Migration Act 1958 (Cth). Section 476A(3) of that Act excludes Federal Court appellate jurisdiction over such an order, so the Federal Court had no jurisdiction to entertain the appeal.

Jurisdiction
Australia
Judgment Date
18 November 2013
Procedural Posture
Appeal in a Migration Matter / Notice of Objection to Competency of Appeal From Federal Circuit Court Refusal of Extension of Time
Outcome
Objection to competency upheld and appeal dismissed.
Legal Topics
['notice of Objection to Competency' 'extension of Time for Judicial Review' 'federal Court Jurisdiction' 'migration Act S 476 A(3)' 'migration Act S 477(2)']
['migration Law' 'practice and Procedure' 'appellate Jurisdiction'] ['notice of Objection to Competency' 'extension of Time for Judicial Review' 'federal Court Jurisdiction' 'migration Act S 476 A(3)' 'migration Act S 477(2)']

Case Brief

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Procedural Posture

Appeal in a Migration Matter / Notice of Objection to Competency of Appeal From Federal Circuit Court Refusal of Extension of Time

Legal Issues

  1. 1 ['Whether the Federal Court had jurisdiction to entertain an appeal from a Federal Circuit Court order refusing an extension of time under s 477(2) of the Migration Act 1958 (Cth).']

Ratio Decidendi

The Federal Circuit Court order under appeal was a refusal to enlarge time under s 477(2) of the Migration Act 1958 (Cth). Section 476A(3) of that Act excludes Federal Court appellate jurisdiction over such an order, so the Federal Court had no jurisdiction to entertain the appeal.

Court Disposition

Objection to competency upheld and appeal dismissed.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs of the proceeding." "The title of the first respondent be changed to 'Minister for Immigration and Border Protection'."]