Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 956

Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 956

Appeals from decisions of the Federal Circuit Court to refuse adjournment applications are prohibited by s 24(1AA)(b)(ii) of the Federal Court of Australia Act 1976 (Cth), rendering the appeal incompetent.

Jurisdiction
Australia
Judgment Date
01 July 2020
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed as incompetent with costs
Legal Topics
['appellate Jurisdiction' 'adjournment Decisions' 'judicial Review' 'refusal of Adjournment']
['migration Law' 'administrative Law'] ['appellate Jurisdiction' 'adjournment Decisions' 'judicial Review' 'refusal of Adjournment']

Case Brief

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether the Federal Court has appellate jurisdiction to hear an appeal from a refusal to adjourn a hearing by the Federal Circuit Court exercising original jurisdiction under the Migration Act 1958 (Cth)']

Ratio Decidendi

Appeals from decisions of the Federal Circuit Court to refuse adjournment applications are prohibited by s 24(1AA)(b)(ii) of the Federal Court of Australia Act 1976 (Cth), rendering the appeal incompetent.

Court Disposition

appeal dismissed as incompetent with costs

Orders

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