Yoshino v Minister for Immigration and Border Protection [2016] FCA 1414

Yoshino v Minister for Immigration and Border Protection [2016] FCA 1414

The Federal Court had no jurisdiction to hear the application due to s 476A(3)(a) of the Migration Act 1958 (Cth). Even if jurisdiction existed, the application was hopeless and amounted to an abuse of process.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
11 November 2016
Procedural Posture
Application for Extension of Time and Leave to Appeal / Final Judgment on Application
Outcome
Application dismissed for want of jurisdiction; costs awarded to first respondent
Legal Topics
['jurisdiction of Federal Court' 'extension of Time to Appeal' 'procedural Fairness']
['administrative Law' 'migration Law'] ['jurisdiction of Federal Court' 'extension of Time to Appeal' 'procedural Fairness']

Source-derived case record

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Final Judgment on Application

Legal Issues

  1. 1 ['Whether the Federal Court has jurisdiction to hear an appeal from a Federal Circuit Court decision refusing an extension of time to review a Migration Review Tribunal decision' 'Whether the interests of the administration of justice require the extension of time' 'Whether procedural fairness was denied to the applicant']

Ratio Decidendi

The Federal Court had no jurisdiction to hear the application due to s 476A(3)(a) of the Migration Act 1958 (Cth). Even if jurisdiction existed, the application was hopeless and amounted to an abuse of process.

Court Disposition

Application dismissed for want of jurisdiction; costs awarded to first respondent

Orders

  • ['The application be dismissed for want of jurisdiction pursuant to s 476A(3)(a) of the Migration Act 1958 (Cth).' "The applicant pay first respondent's costs as taxed or agreed."]