WACF v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 234

WACF v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 234

The Court has no jurisdiction to hear a second appeal once an appeal from the same decision has been discontinued and perfected; the objection to competency was therefore upheld and the appeal dismissed.

Source-derived case information.

Parties
Appellant: WACF; Respondent: Minister for Immigration and Multicultural and Indigenous Affairs
Jurisdiction
Australia
Judgment Date
09 August 2004
Procedural Posture
Appeal / Decision on Competency of Appeal
Outcome
Appeal dismissed as incompetent.
Legal Topics
Appeals, Jurisdiction, Refugee Status, Discontinuance of Appeal
Administrative Law Migration Law Appeals Jurisdiction Refugee Status Discontinuance of Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

WACF

Appellant

Minister for Immigration and Multicultural and Indigenous Affairs

Respondent

Procedural Posture

Appeal / Decision on Competency of Appeal

Legal Issues

  1. 1 Whether the Court had jurisdiction to hear a second appeal after an order of discontinuance had been made and perfected in a previous appeal.

Ratio Decidendi

The Court has no jurisdiction to hear a second appeal once an appeal from the same decision has been discontinued and perfected; the objection to competency was therefore upheld and the appeal dismissed.

Court Disposition

Appeal dismissed as incompetent.

Orders

  • The appeal be dismissed as incompetent.
  • Pursuant to Federal Court Rules O 52 r 18 there be no order as to costs.