Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CXK17 v Minister for Immigration and Border Protection [2018] FCA 1872 Appeal from: CXK17 v Minister for Immigration & Anor [2018] FCCA 1041
File number: SAD 117 of 2018
Judge: CHARLESWORTH J
Date of judgment: 19 November 2018
Date of publication of reasons: 27 November 2018
Catchwords: PRACTICE AND PROCEDURE – proceedings commenced by notice of appeal – Court having no jurisdiction – whether proceedings can and should be treated as an application for judicial review invoking the Court's original jurisdiction – proceedings dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 24 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 476A , 477
Cases cited: Craig v South Australia (1995) 184 CLR 163 CXK17 v Minister for Immigration & Anor [2018] FCCA 1041
Date of hearing: 19 November 2018
Registry: South Australia
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 11
Counsel for the Appellant: The Appellant appeared in person
Counsel for the First Respondent: Mr O'Leary
Solicitor for the First Respondent: Sparke Helmore Lawyers
Counsel for the Second Respondent: The Second Respondent filed a Submitting Notice
ORDERS SAD 117 of 2018
BETWEEN: CXK17 Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
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