Ahmed v Minister for Immigration and Border Protection [2015] FCA 1174

Ahmed v Minister for Immigration and Border Protection [2015] FCA 1174

The Court lacks jurisdiction to grant an extension of time to appeal from the Federal Circuit Court judgment refusing to extend time under s 477(2) of the Migration Act, and the application does not identify any error by the primary judge; thus, the application was dismissed as incompetent and costs ordered.

Jurisdiction
Australia
Judgment Date
02 November 2015
Procedural Posture
Application for Extension of Time to Appeal / Final Judgment
Outcome
Application for extension of time dismissed.
Legal Topics
['extension of Time' 'appeal Competency' 'award of Costs']
['migration Law' 'administrative Law'] ['extension of Time' 'appeal Competency' 'award of Costs']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether the Federal Court has jurisdiction to grant an extension of time to appeal from a Federal Circuit Court judgment under the Migration Act' 'Whether the application for extension of time to appeal is competent' 'Whether an order for lump sum costs should be made']

Ratio Decidendi

The Court lacks jurisdiction to grant an extension of time to appeal from the Federal Circuit Court judgment refusing to extend time under s 477(2) of the Migration Act, and the application does not identify any error by the primary judge; thus, the application was dismissed as incompetent and costs ordered.

Court Disposition

Application for extension of time dismissed.

Orders

  • ['The application for an extension of time filed on 20 August 2015 be dismissed.' "The applicant pay the first respondent's costs in a lump sum of $1,500."]