Kaur v Minister for Immigration and Border Protection [2014] FCA 188

Kaur v Minister for Immigration and Border Protection [2014] FCA 188

The appeal was incompetent because the Federal Circuit Court's dismissal of the application under r 13.03C(1)(c) for the appellant's non-appearance was an interlocutory order, and the appellant had not applied for or obtained leave to appeal as required by s 24(1A) of the Federal Court of Australia Act 1976 (Cth).

Jurisdiction
Australia
Judgment Date
05 March 2014
Procedural Posture
Migration Appeal From the Federal Circuit Court of Australia / Determination of Competency of Purported Appeal From Dismissal of Judicial Review Application for Non Appearance
Outcome
Appeal dismissed as incompetent.
Legal Topics
['competency of Appeal' 'interlocutory Orders' 'leave to Appeal' 'dismissal for Non Appearance' 'judicial Review of Migration Review Tribunal Decision']
['migration' 'practice and Procedure'] ['competency of Appeal' 'interlocutory Orders' 'leave to Appeal' 'dismissal for Non Appearance' 'judicial Review of Migration Review Tribunal Decision']

Case Brief

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Procedural Posture

Migration Appeal From the Federal Circuit Court of Australia / Determination of Competency of Purported Appeal From Dismissal of Judicial Review Application for Non Appearance

Legal Issues

  1. 1 ['Whether the Federal Circuit Court order dismissing the application under r 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) was interlocutory.' 'Whether the appeal was incompetent because leave to appeal was required under s 24(1A) of the Federal Court of Australia Act 1976 (Cth) and had not been obtained.' 'Whether leave would have been refused if sought.']

Ratio Decidendi

The appeal was incompetent because the Federal Circuit Court's dismissal of the application under r 13.03C(1)(c) for the appellant's non-appearance was an interlocutory order, and the appellant had not applied for or obtained leave to appeal as required by s 24(1A) of the Federal Court of Australia Act 1976 (Cth).

Court Disposition

Appeal dismissed as incompetent.

Orders

  • ['The appeal be dismissed as incompetent.' "The appellant pay the first respondent's costs."]