Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Heller v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 907 Appeal from: Heller v Minister for Home Affairs [2019] FCCA 2940
File number: QUD 644 of 2019
Judge: COLLIER J
Date of judgment: 30 June 2020
Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court not to extend time under s 477(2) of the Migration Act 1958 (Cth) – notice of objection to competency based on absence of appellate jurisdiction due to the operation of s 476A(3)(a) of the Migration Act 1958 (Cth) – notice of objection to competency filed late –Court must address question of competency as aspect of its duty to consider jurisdiction – notice of objection to competency upheld.
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Federal Court of Australia Act 1976 (Cth) s 24 Federal Court Rules 2011 (Cth ) Div 33.2, rr 1.34, 31.24, 33.30 Migration Act 1958 (Cth) ss 476A, 477(1), 477(2) Migration Regulations 1994 (Cth) Sch 3, reg 2.03A
Cases cited: Animals Angels e.V. v Secretary, Department of Agriculture (2014) 141 ALD 158; [2014] FCA 398 BCL16 v Minister for Immigration and Border Protection [2018] FCA 1870 BDA16 v Minister for Home Affairs [2019] FCA 85 Bitek Pty Ltd v IConnect Pty Ltd (2012) 290 ALR 288; [2012] FCA 506 Chen v Migration Agents Registration Authority (No 2) (2016) 155 ALD 88; [2016] FCA 865 CWX18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 673 Frugtniet v Tax Practitioners Board (2013) 136 ALD 324; [2013] FCA 752 Heller v Minister for Home Affairs [2019] FCCA 2940 Miller v Wertheim (2002) EOC 93-223; [2002] FCAFC 156 Plaintiff S164/2018 v Minister for Home Affairs [2018] HCA 51; (2018) 361 ALR 8 Salapo v Minister for Home Affairs [2019] FCA 1287 Singh v Minister for Immigration and Border Protection [2017] FCA 1316 SZTES v Minister for Immigration and Border Protection [2015] FCAFC 158 Yao v Secretary, Department of Education, Employment and Workplace Relations [2010] FCA 18
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