SZCZF v Minister for Immigration and Citizenship [2009] FCA 208

SZCZF v Minister for Immigration and Citizenship [2009] FCA 208

The Federal Court lacks statutory or incidental power to set aside the consent order dismissing the applicant's appeal because the order was entered with express consent, the Minister does not consent to it being set aside, and no exception such as fraud or other recognised ground applies. Even if power existed, discretionary factors including finality and absence of injustice justify refusal of relief.

Jurisdiction
Australia
Judgment Date
09 March 2009
Procedural Posture
Notice of Motion (post Appeal) / Application to Set Aside Consent Orders After Appeal Dismissed by Consent
Outcome
Application (Notice of Motion) dismissed with costs
Legal Topics
['setting Aside Consent Orders' 'finality of Orders' 'federal Court Appellate Jurisdiction']
['migration Law' 'practice and Procedure'] ['setting Aside Consent Orders' 'finality of Orders' 'federal Court Appellate Jurisdiction']

Case Brief

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Procedural Posture

Notice of Motion (post Appeal) / Application to Set Aside Consent Orders After Appeal Dismissed by Consent

Legal Issues

  1. 1 ['Does the Federal Court have power to set aside a consent order dismissing an appeal once entered?' 'If so, do the circumstances of this case justify the exercise of that power?']

Ratio Decidendi

The Federal Court lacks statutory or incidental power to set aside the consent order dismissing the applicant's appeal because the order was entered with express consent, the Minister does not consent to it being set aside, and no exception such as fraud or other recognised ground applies. Even if power existed, discretionary factors including finality and absence of injustice justify refusal of relief.

Court Disposition

Application (Notice of Motion) dismissed with costs

Orders

  • ['The Notice of Motion as filed on 9 February 2009 is dismissed.' 'The Applicant on the Motion is to pay the costs of the First Respondent fixed in the sum of $2,000.']