BET20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 6

Federal Court of Australia

BET20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 6 Appeal from: BET20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1539

File number: NSD 1252 of 2020

Judgment of: YATES J

Date of judgment: 18 January 2022

Catchwords: MIGRATION – notice of objection to the competency of an appeal from the judgment of a single Judge of the Court – where the primary judge dismissed an interlocutory application to amend the originating application – where the primary judge dismissed the originating application on the basis that the sole ground was no longer relied on – whether the primary judgment is interlocutory for the purposes of s 24(1A) of the Federal Court of Australia Act 1976 (Cth) – whether leave to appeal is required – whether leave to appeal should be granted

Legislation: Constitution ss 75(iii), 106, 107 Acts Interpretation Act 1901 (Cth) s 15A Bankruptcy Act 1966 (Cth) s 50 Fair Work (Registered Organisations) Act 2009 (Cth) Federal Court of Australia Act 1976 (Cth) ss 23, 24(1A), 24(1C), 24(1D), 24(1E), 31A, 32(1) Federal Court Rules 2011 (Cth) rr 1.32, 35.13, 36.72(5) Judiciary Act 1903 (Cth) ss 39B(1A)(c), 78B Migration Act 1958 (Cth) ss 5, 189, 476(1), 476A(1), 500(6H), 501(3A), 501CA(4) Workplace Relations Act 1996 (Cth) Crimes (Administration of Sentences) Act 1999 (NSW) ss 132, 158