SZICO v Minister for Immigration and Multicultural Affairs [2006] FCA 1803

SZICO v Minister for Immigration and Multicultural Affairs [2006] FCA 1803

Section 477 of the Migration Act 1958 (Cth) contains strict, mandatory time limits for making an application for review, non-compliance with which deprives the Federal Magistrates Court of jurisdiction. The decision below was correct in dismissing the case as incompetent due to the application being out of time.

Parties
Applicants: SZICO, SZICP AND SZICQ; First Respondent: Minister for Immigration and Multicultural Affairs; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
21 December 2006
Procedural Posture
Appeal / Application for Leave to Appeal From Federal Magistrates Court Judgment
Outcome
Application dismissed with costs
Legal Topics
Time Limits for Judicial Review, Extensions of Time, Jurisdiction of Federal Magistrates Court, Privative Clauses
Migration Law Administrative Law Time Limits for Judicial Review Extensions of Time Jurisdiction of Federal Magistrates Court Privative Clauses

Case Brief

Summary, issues, holding and outcome

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Parties

SZICO, SZICP AND SZICQ

Applicants

Minister for Immigration and Multicultural Affairs

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Application for Leave to Appeal From Federal Magistrates Court Judgment

Legal Issues

  1. 1 Whether s 477 of the Migration Act 1958 (Cth) prohibits the grant of an extension of time if application is brought outside the 84-day limit
  2. 2 Whether s 477 is mandatory and goes to the jurisdiction of the Federal Magistrates Court
  3. 3 Whether s 477 is a privative clause

Ratio Decidendi

Section 477 of the Migration Act 1958 (Cth) contains strict, mandatory time limits for making an application for review, non-compliance with which deprives the Federal Magistrates Court of jurisdiction. The decision below was correct in dismissing the case as incompetent due to the application being out of time.

Court Disposition

Application dismissed with costs

Orders

  • The application is dismissed with costs.