SZJSY v Minister for Immigration & Citizenship [2007] FCA 1261

SZJSY v Minister for Immigration & Citizenship [2007] FCA 1261

The purported appeal was incompetent as of right because it concerned an interlocutory order and leave to appeal was not sought or granted; in any event, no jurisdictional error was raised and the grounds of review were without substance. Dismissal of the appeal was therefore appropriate.

Jurisdiction
Australia
Judgment Date
07 August 2007
Procedural Posture
Appeal / Hearing and Judgment on Competency of Appeal
Outcome
Appeal dismissed; costs ordered against applicant.
Legal Topics
['judicial Review' 'appeal Competency' 'migration Act 1958 Procedures']
['immigration Law' 'administrative Law'] ['judicial Review' 'appeal Competency' 'migration Act 1958 Procedures']

Case Brief

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Procedural Posture

Appeal / Hearing and Judgment on Competency of Appeal

Legal Issues

  1. 1 ["Whether the Federal Magistrates Court correctly found the applicant's judicial review application was out of time under section 477(3) of the Migration Act 1958" "Whether an appeal lies as of right from the Federal Magistrates Court's interlocutory order without leave under section 24(1A) of the Federal Court of Australia Act 1976"]

Ratio Decidendi

The purported appeal was incompetent as of right because it concerned an interlocutory order and leave to appeal was not sought or granted; in any event, no jurisdictional error was raised and the grounds of review were without substance. Dismissal of the appeal was therefore appropriate.

Court Disposition

Appeal dismissed; costs ordered against applicant.

Orders

  • ['The purported notice of appeal filed on 21 May 2007 be dismissed.' "The appellant pay the first respondent's costs of the appeal."]