SZRQY v Minister for Immigration and Border Protection [2014] FCA 223

SZRQY v Minister for Immigration and Border Protection [2014] FCA 223

The appeal must be dismissed as the Federal Court lacks jurisdiction to hear an appeal from the Federal Circuit Court's refusal to extend time under s 477(1) due to s 476A(3) of the Migration Act, but original jurisdiction to challenge such a decision persists under s 39B of the Judiciary Act.

Jurisdiction
Australia
Judgment Date
13 March 2014
Procedural Posture
Appeal / Objection to Competency of Appeal
Outcome
Appeal dismissed. Objection to competency upheld. No order as to costs.
Legal Topics
['objection to Competency' 'appeal Procedures' 'refusal to Extend Time' 'jurisdictional Error']
['migration'] ['objection to Competency' 'appeal Procedures' 'refusal to Extend Time' 'jurisdictional Error']

Case Brief

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Procedural Posture

Appeal / Objection to Competency of Appeal

Legal Issues

  1. 1 ['Whether an appeal lies to the Federal Court against a decision of the Federal Circuit Court refusing to extend time under s 477(1) of the Migration Act 1958 (Cth) in light of s 476A(3) of the Act']

Ratio Decidendi

The appeal must be dismissed as the Federal Court lacks jurisdiction to hear an appeal from the Federal Circuit Court's refusal to extend time under s 477(1) due to s 476A(3) of the Migration Act, but original jurisdiction to challenge such a decision persists under s 39B of the Judiciary Act.

Court Disposition

Appeal dismissed. Objection to competency upheld. No order as to costs.

Orders

  • ['The notice of objection to competency filed on 10 March 2014 is upheld.' 'The notice of appeal filed on 24 February 2014 is dismissed.' 'There be no order as to costs.']