SZAAM v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 917

SZAAM v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 917

Section 476(2) of the Migration Act 1958 (Cth) deprived the Federal Magistrates Court of jurisdiction in respect of a decision of the Minister not to exercise or not to consider exercising the power under s 417. Driver FM was therefore clearly correct to dismiss the judicial review application as incompetent. Because any appeal would be doomed to fail, there was no utility in granting an extension of time to file a notice of appeal.

Jurisdiction
Australia
Judgment Date
26 June 2003
Procedural Posture
Migration Judicial Review / Application for Extension of Time to File and Serve a Notice of Appeal / Application for Extension of Time From Orders of the Federal Magistrates Court Dismissing Judicial Review
Outcome
Application for an extension of time to file a notice of appeal dismissed.
Legal Topics
['protection Visa' 'ministerial Intervention Under S 417 of the Migration Act 1958 (cth)' 'jurisdiction of the Federal Magistrates Court' 'extension of Time to Appeal']
['migration Law' 'administrative Law' 'federal Court Procedure'] ['protection Visa' 'ministerial Intervention Under S 417 of the Migration Act 1958 (cth)' 'jurisdiction of the Federal Magistrates Court' 'extension of Time to Appeal']

Case Brief

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Procedural Posture

Migration Judicial Review / Application for Extension of Time to File and Serve a Notice of Appeal / Application for Extension of Time From Orders of the Federal Magistrates Court Dismissing Judicial Review

Legal Issues

  1. 1 ['Whether time should be extended to file and serve a notice of appeal from the Federal Magistrates Court orders made on 26 March 2003.' 'Whether there was any utility in granting an extension of time where the Federal Magistrates Court had dismissed the judicial review application for want of jurisdiction.' 'Whether the Federal Magistrates Court had jurisdiction to review a decision of the Minister not to exercise or not to consider exercising the power under s 417 of the Migration Act 1958 (Cth).']

Ratio Decidendi

Section 476(2) of the Migration Act 1958 (Cth) deprived the Federal Magistrates Court of jurisdiction in respect of a decision of the Minister not to exercise or not to consider exercising the power under s 417. Driver FM was therefore clearly correct to dismiss the judicial review application as incompetent. Because any appeal would be doomed to fail, there was no utility in granting an extension of time to file a notice of appeal.

Court Disposition

Application for an extension of time to file a notice of appeal dismissed.

Orders

  • ['The application for an extension of time to file a notice of appeal be dismissed.' "The applicant pay the respondent's costs of the application."]