SZQLD v Minister for Immigration and Citizenship [2011] FCA 1339

SZQLD v Minister for Immigration and Citizenship [2011] FCA 1339

The plain words of s 476A(3)(a) must be given effect: the Federal Court has no jurisdiction to entertain an appeal from a refusal by the Federal Magistrates Court to grant an extension of time under s 477(2). Accordingly, the application is incompetent and must be dismissed.

Parties
Applicant: SZQLD; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
21 November 2011
Procedural Posture
Application for Extension of Time and Leave to Appeal / Dismissal at Federal Court
Outcome
application dismissed as incompetent
Legal Topics
Extension of Time, Appeal Competency, Jurisdiction of Federal Court
Migration Law Extension of Time Appeal Competency Jurisdiction of Federal Court

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

SZQLD

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time and Leave to Appeal / Dismissal at Federal Court

Legal Issues

  1. 1 Whether the Federal Court has jurisdiction to entertain an application for extension of time or leave to appeal from a refusal by the Federal Magistrates Court under s 477(2) of the Migration Act 1958 (Cth).

Ratio Decidendi

The plain words of s 476A(3)(a) must be given effect: the Federal Court has no jurisdiction to entertain an appeal from a refusal by the Federal Magistrates Court to grant an extension of time under s 477(2). Accordingly, the application is incompetent and must be dismissed.

Court Disposition

application dismissed as incompetent

Orders

  • The application for extension of time and leave to appeal filed on 31 October 2011 be dismissed as incompetent.