NBBL v Minister for Immigration and Multicultural Affairs [2006] FCA 1616

NBBL v Minister for Immigration and Multicultural Affairs [2006] FCA 1616

The Federal Court does not have jurisdiction to hear an appeal from a decision of a single judge exercising the Court's appellate jurisdiction in the present circumstances; the purported appeal is incompetent and must be dismissed.

Parties
Applicant: NBBL; First Respondent: Minister for Immigration and Multicultural Affairs; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
23 November 2006
Procedural Posture
Appeal / Application to Appeal From Single Judge on Appellate Jurisdiction
Outcome
Purported appeal dismissed as incompetent; costs ordered against appellant.
Legal Topics
Appellate Jurisdiction, Competency of Appeal
Migration Appellate Jurisdiction Competency of Appeal

Case Brief

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Parties

NBBL

Applicant

Minister for Immigration and Multicultural Affairs

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Application to Appeal From Single Judge on Appellate Jurisdiction

Legal Issues

  1. 1 Whether the Federal Court has jurisdiction to hear a purported appeal from a decision of a single judge exercising the Court's appellate jurisdiction

Ratio Decidendi

The Federal Court does not have jurisdiction to hear an appeal from a decision of a single judge exercising the Court's appellate jurisdiction in the present circumstances; the purported appeal is incompetent and must be dismissed.

Court Disposition

Purported appeal dismissed as incompetent; costs ordered against appellant.

Orders

  • The purported appeal be dismissed as incompetent.
  • The appellant pay the first respondent's costs fixed in the sum of $700.