SZKNX v Minister for Immigration & Citizenship [2008] FCA 67

SZKNX v Minister for Immigration & Citizenship [2008] FCA 67

Due to the novel and complex issues arising from the interplay between SZKKC and the statutory provisions, and the pending High Court appeal in SZKKC, the appellate jurisdiction in the present appeal should be exercised by a Full Court rather than a single judge.

Parties
Applicant: SZKNX; First Respondent: Minister for Immigration & Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
15 February 2008
Procedural Posture
Appeal / Referral to Full Court
Outcome
Orders 2, 3 and 4 made herein by consent on 2 November 2007 are set aside. The appellate jurisdiction is to be exercised by a Full Court. The first respondent is to pay the applicant's costs of the first respondent's Notice of Motion dated 19 November 2007.
Legal Topics
Appellate Jurisdiction, Time Limitation for Appeals, Remitting Matters to the Federal Magistrates Court, Leave to Appeal
Practice and Procedure Migration Law Appellate Jurisdiction Time Limitation for Appeals Remitting Matters to the Federal Magistrates Court Leave to Appeal

Case Brief

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Parties

SZKNX

Applicant

Minister for Immigration & Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Referral to Full Court

Legal Issues

  1. 1 Whether time had run against the applicant under s 477 of the Migration Act 1958 (Cth)
  2. 2 Whether the Federal Magistrate erred in dismissing the application as incompetent
  3. 3 Whether the Full Court's decision in Minister for Immigration and Citizenship v SZKKC & Others (2007) 159 FCR 565 applies

Ratio Decidendi

Due to the novel and complex issues arising from the interplay between SZKKC and the statutory provisions, and the pending High Court appeal in SZKKC, the appellate jurisdiction in the present appeal should be exercised by a Full Court rather than a single judge.

Court Disposition

Orders 2, 3 and 4 made herein by consent on 2 November 2007 are set aside. The appellate jurisdiction is to be exercised by a Full Court. The first respondent is to pay the applicant's costs of the first respondent's Notice of Motion dated 19 November 2007.

Orders

  • Orders 2, 3 and 4 made herein by consent on 2 November 2007 be set aside.
  • The appellate jurisdiction of the Court in relation to the appeal be exercised by a Full Court.