WZASS v Minister for Home Affairs [2019] FCA 673

WZASS v Minister for Home Affairs [2019] FCA 673

Because the Federal Circuit Court refused the appellant's application for an extension of time under s 477(2) of the Migration Act 1958 (Cth), s 476A(3) of that Act precluded any appeal to the Federal Court from that judgment. The Federal Court therefore had no jurisdiction to determine the appeal, so the notice of objection to competency was upheld and the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
14 May 2019
Procedural Posture
Migration Appeal / Appeal From Refusal by the Federal Circuit Court of Australia to Extend Time for Review of a Refugee Review Tribunal Decision; Notice of Objection to Competency
Outcome
Notice of objection to competency upheld; appeal dismissed; appellant ordered to pay the first respondent's costs of today assessed if not agreed.
Legal Topics
['protection Visa Refusal' 'extension of Time' 'judicial Review Time Limits' 'competency of Appeal' 'jurisdiction of the Federal Court']
['migration' 'administrative Law' 'federal Jurisdiction'] ['protection Visa Refusal' 'extension of Time' 'judicial Review Time Limits' 'competency of Appeal' 'jurisdiction of the Federal Court']

Case Brief

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Procedural Posture

Migration Appeal / Appeal From Refusal by the Federal Circuit Court of Australia to Extend Time for Review of a Refugee Review Tribunal Decision; Notice of Objection to Competency

Legal Issues

  1. 1 ['Whether the Federal Court had jurisdiction to hear an appeal from a Federal Circuit Court judgment refusing to extend time under s 477(2) of the Migration Act 1958 (Cth).' "Whether the Minister's notice of objection to competency should be upheld."]

Ratio Decidendi

Because the Federal Circuit Court refused the appellant's application for an extension of time under s 477(2) of the Migration Act 1958 (Cth), s 476A(3) of that Act precluded any appeal to the Federal Court from that judgment. The Federal Court therefore had no jurisdiction to determine the appeal, so the notice of objection to competency was upheld and the appeal was dismissed.

Court Disposition

Notice of objection to competency upheld; appeal dismissed; appellant ordered to pay the first respondent's costs of today assessed if not agreed.

Orders

  • ['The notice of objection to competency be upheld.' 'The appeal be dismissed.' "The appellant to pay the first respondent's costs of today assessed if not agreed."]