Ou v Minister for Immigration & Citizenship [2007] FCA 718

Ou v Minister for Immigration & Citizenship [2007] FCA 718

The purported notice of appeal was treated as an application for leave to appeal because the Federal Magistrates Court decision was interlocutory. Leave was refused because there was no prospect at all of success on the intended appeal, the judicial review application having been lodged about 12 months after the time limited by s 477 of the Migration Act 1958 and outside the period for seeking an extension of time.

Jurisdiction
Australia
Judgment Date
07 May 2007
Procedural Posture
Application for Leave to Appeal From the Federal Magistrates Court of Australia in a Migration Judicial Review Matter / Leave to Appeal
Outcome
Application for leave to appeal refused.
Legal Topics
['judicial Review' 'migration Review Tribunal' 'extension of Time' 'leave to Appeal' 'interlocutory Decision']
['migration Law' 'administrative Law'] ['judicial Review' 'migration Review Tribunal' 'extension of Time' 'leave to Appeal' 'interlocutory Decision']

Case Brief

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Procedural Posture

Application for Leave to Appeal From the Federal Magistrates Court of Australia in a Migration Judicial Review Matter / Leave to Appeal

Legal Issues

  1. 1 ['Whether the purported notice of appeal should be treated as an application for leave to appeal because the Federal Magistrates Court decision was interlocutory.' 'Whether leave to appeal should be granted where the Federal Magistrates Court application for judicial review was lodged about 12 months after the time limited by s 477 of the Migration Act 1958 and outside the period for seeking an extension of time.']

Ratio Decidendi

The purported notice of appeal was treated as an application for leave to appeal because the Federal Magistrates Court decision was interlocutory. Leave was refused because there was no prospect at all of success on the intended appeal, the judicial review application having been lodged about 12 months after the time limited by s 477 of the Migration Act 1958 and outside the period for seeking an extension of time.

Court Disposition

Application for leave to appeal refused.

Orders

  • ['The application for leave to appeal be refused.' "The applicant is to pay the first respondent's costs of the appeal assessed in the sum of $2,650." 'The order refusing leave to appeal not take effect until 18 June 2007.']