Singh v Minister for Immigration and Border Protection [2017] FCA 1316

Singh v Minister for Immigration and Border Protection [2017] FCA 1316

The Federal Court has no jurisdiction to hear an appeal from a Federal Circuit Court decision refusing to grant an extension of time under s 477(2) of the Migration Act 1958 (Cth), so the application must be dismissed.

Jurisdiction
Australia
Judgment Date
06 November 2017
Procedural Posture
Application for Extension of Time to Appeal / Hearing on Application for Extension of Time
Outcome
Application dismissed with no order as to costs.
Legal Topics
['jurisdiction of Federal Court' 'appeal Rights' 'extension of Time']
['migration Law' 'administrative Law'] ['jurisdiction of Federal Court' 'appeal Rights' 'extension of Time']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Hearing on Application for Extension of Time

Legal Issues

  1. 1 ['Does the Federal Court have jurisdiction to hear 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 Court has no jurisdiction to hear an appeal from a Federal Circuit Court decision refusing to grant an extension of time under s 477(2) of the Migration Act 1958 (Cth), so the application must be dismissed.

Court Disposition

Application dismissed with no order as to costs.

Orders

  • ['The application be dismissed with no orders as to costs.']