SZMIC v Minister for Immigration and Citizenship [2010] FCA 177

SZMIC v Minister for Immigration and Citizenship [2010] FCA 177

The application is adjourned to allow applicants to clarify the status of their motion in the Federal Magistrates Court, as the Federal Court cannot determine jurisdiction to set aside the consent order until this is clarified.

Jurisdiction
Australia
Judgment Date
26 February 2010
Procedural Posture
Application for Extension of Time to Appeal / Adjourned Pending Clarification From Federal Magistrates Court
Outcome
Application adjourned sine die pending clarification
Legal Topics
['extension of Time' 'appeal From Consent Orders' 'jurisdiction of Appellate Court']
['administrative Law' 'immigration Law'] ['extension of Time' 'appeal From Consent Orders' 'jurisdiction of Appellate Court']

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Procedural Posture

Application for Extension of Time to Appeal / Adjourned Pending Clarification From Federal Magistrates Court

Legal Issues

  1. 1 ['Whether the Federal Court has jurisdiction to set aside a consent order on appeal' "Status of applicants' motion in the Federal Magistrates Court" 'Whether applicants’ rights before the Federal Magistrates Court have been exhausted']

Ratio Decidendi

The application is adjourned to allow applicants to clarify the status of their motion in the Federal Magistrates Court, as the Federal Court cannot determine jurisdiction to set aside the consent order until this is clarified.

Court Disposition

Application adjourned sine die pending clarification

Orders

  • ['Application is adjourned to a date to be fixed.' "Federal Magistrates Court's file is referred back to the Federal Magistrates Court." 'By 4 pm on 12 March 2010, applicants are to write to the Federal Magistrates Court forwarding a copy of the written reasons and seeking clarification of the status of their motion...