Bandi v Minister for Immigration and Border Protection [2014] FCA 1290

Bandi v Minister for Immigration and Border Protection [2014] FCA 1290

The Federal Court lacks jurisdiction to hear an appeal from the Federal Circuit Court's refusal of an extension of time for judicial review under s 477(2) of the Migration Act 1958 (Cth), as such an appeal is prohibited by s 476A(3).

Jurisdiction
Australia
Judgment Date
27 November 2014
Procedural Posture
Migration Appeal / Appeal From Federal Circuit Court; Consideration of Competency of Appeal
Outcome
Appeal dismissed as incompetent
Legal Topics
['visa Cancellation' 'jurisdiction of Courts' 'appellate Procedure']
['migration Law' 'administrative Law'] ['visa Cancellation' 'jurisdiction of Courts' 'appellate Procedure']

Case Brief

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Procedural Posture

Migration Appeal / Appeal From Federal Circuit Court; Consideration of Competency of Appeal

Legal Issues

  1. 1 ["Whether the appeal is competent to the Federal Court from the Federal Circuit Court's refusal of an extension of time under Migration Act 1958 (Cth) s 477(2)" 'Whether s 476A(3) of the Migration Act prohibits appeal']

Ratio Decidendi

The Federal Court lacks jurisdiction to hear an appeal from the Federal Circuit Court's refusal of an extension of time for judicial review under s 477(2) of the Migration Act 1958 (Cth), as such an appeal is prohibited by s 476A(3).

Court Disposition

Appeal dismissed as incompetent

Orders

  • ["The appellant's purported appeal be dismissed as incompetent."]