Fisher v Minister for Immigration and Citizenship [2007] FCA 591

FEDERAL COURT OF AUSTRALIA

Fisher v Minister for Immigration and Citizenship [2007] FCA 591 JURISDICTION – Federal Magistrates Court's jurisdiction to determine whether a matter falls within its jurisdiction – jurisdiction of Federal Magistrates Court to transfer a matter over which it has no jurisdiction to the Federal Court – whether Federal Magistrates Court can grant an extension of time under s 477(2) of Migration Act 1958 (Cth) in a matter over which it has no jurisdiction – Federal Court's original jurisdiction in relation to a migration decision – proceedings transferred from Federal Magistrates Court PRACTICE AND PROCEDURE – application filed in joint registry of Federal Court and Federal Magistrates Court – whether registry staff responsible for filing application in appropriate court – whether documents evinced intention to file in Federal Magistrates Court MIGRATION – cancellation of visa – appeal from Administrative Appeals Tribunal – application for extension of time – s 477A(2) Migration Act – no explanation for delay – appeal having no prospect of success – application for extension of time refused WORDS AND PHRASES – "proceeding pending", "in relation to the decision"

Administrative Appeals Tribunal Act 1975 (Cth) Federal Magistrates Act 1999 (Cth) s 39 Migration Act 1958 (Cth) ss 5, 5E, 474, 476, 476A, 477, 477A, 486A, 500, 501, 501F Migration Litigation Reform Act 2005 (Cth) Trade Practices Act 1974 (Cth) ss 52, 86A Federal Court Rules (Cth) O 82 r 3 Migration (1993) Regulations (Cth) reg 154.411 Migration Reform (Transitional Provisions) Regulations (Cth) reg 22 and reg 23 Migration Regulations 1994 (Cth) reg 1.06 Bodruddaza v Minister for Immigration and Multicultural Affairs [2007] HCA 14, discussed Khatri v Price (1999) 95 FCR 287, applied McIntosh v National Australia Bank (1988) 17 FCR 482, distinguished O'Neill v Minister for Immigration and Multicultural Affairs [2006] FMCA 1912, approved Ogawa v Phipps (2006) 151 FCR 311, considered Ogawa v Registrar of the High Court of Australia [2006] FCA 607, considered Stewart v Pegasus Investments & Holdings Pty Ltd [2004] FMCA 712, approved Wang v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 386, distinguished RICARDO ANDREW FISHER v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ADMINISTRATIVE APPEALS TRIBUNAL NSD 2430 OF 2006