Moussa v Minister for Immigration and Border Protection [2015] FCA 1280

FEDERAL COURT OF AUSTRALIA

Moussa v Minister for Immigration and Border Protection [2015] FCA 1280 Citation: Moussa v Minister for Immigration and Border Protection [2015] FCA 1280

Appeal from: Application for extension of time and leave to appeal: Moussa v Minister for Immigration & Anor [2015] FCCA 1879

Parties: MOHAMAD MOUSSA v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL

File number: NSD 891 of 2015

Judge: PERRAM J

Date of judgment: 19 November 2015

Catchwords: MIGRATION – application for extension of time and leave to appeal from decision of Federal Circuit Court – whether dismissing application to set aside notice of discontinuance attended by error – principles relevant to jurisdiction to set aside notice of discontinuance – whether application lacked utility where application to Tribunal made out of time

Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1A) Migration Act 1958 (Cth) ss 338, 347, 494C Federal Circuit Court Rules 2001 (Cth) r 13.01 Federal Court Rules 2011 (Cth) r 35.13(a) Migration Regulations 1994 (Cth) reg 4.10(1)(c)

Cases cited: Applicant A26 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1050 Castanho v Brown & Root (UK) Ltd [1981] AC 557 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Khadri v Minister for Immigration and Border Protection (2014) 140 ALD 136 SZFOZ v Minister for Immigration and Citizenship [2007] FCA 1137 Wool International v Sedgwick Ltd (No 2) [1997] FCA 709