SZHRZ v Minister for Immigration and Citizenship [2009] FCA 84

SZHRZ v Minister for Immigration and Citizenship [2009] FCA 84

The appeal is not permitted under s 24(1AAA) of the Federal Court of Australia Act 1976 (Cth) because it seeks to challenge a decision of a single judge exercising appellate jurisdiction regarding extension of time to appeal from the Federal Magistrates Court, and no appeal lies except by special leave to the High Court.

Parties
Appellant: SZHRZ; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
13 February 2009
Procedural Posture
Appeal / Judgment on Notice of Motion to Reconsider Previous Decision
Outcome
Appeal dismissed as incompetent
Legal Topics
Extension of Time to Appeal, Jurisdictional Error, Appellate Procedure
Migration Law Extension of Time to Appeal Jurisdictional Error Appellate Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

SZHRZ

Appellant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment on Notice of Motion to Reconsider Previous Decision

Legal Issues

  1. 1 Whether the appellant can appeal from the decision of a single judge exercising appellate jurisdiction regarding extension of time to appeal from Federal Magistrates Court
  2. 2 Effect of s 24(1AAA) Federal Court of Australia Act 1976 (Cth) on the appellant's rights to further appeal

Ratio Decidendi

The appeal is not permitted under s 24(1AAA) of the Federal Court of Australia Act 1976 (Cth) because it seeks to challenge a decision of a single judge exercising appellate jurisdiction regarding extension of time to appeal from the Federal Magistrates Court, and no appeal lies except by special leave to the High Court.

Court Disposition

Appeal dismissed as incompetent

Orders

  • The notice of motion filed on 26 September 2008 is dismissed.
  • The appellant is to pay the first respondent's costs as agreed or taxed.