Neagoe v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 273

Federal Court of Australia

Neagoe v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 273 Appeal from: Neagoe v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 674

File number(s): VID 541 of 2022

Judgment of: MCEVOY J

Date of judgment: 24 March 2023

Date of publication of reasons: 27 March 2023

Catchwords: MIGRATION – purported appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) 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) – where s 476A of the Migration Act 1958 (Cth) provides that Federal Court of Australia has no jurisdiction to hear such an appeal – notice of objection to competency filed late – Court must address question of competency as an aspect of its duty to consider jurisdiction – notice of objection to competency upheld – appeal dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) s 24 Migration Act 1958 (Cth) ss 476A(3)(a), 477(2) Federal Court Rules 2011 (Cth) rr 1.34, 31.24(1)

Cases cited: ALL16 v Minister for Immigration and Border Protection [2018] FCA 419 BCL16 v Minister for Immigration and Border Protection [2018] FCA 1870 BDA16 v Minister for Home Affairs [2019] FCA 85 CWX18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 673 Heller v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 907 MZZTY v Minister for Immigration and Border Protection [2013] FCA 1289 Plaintiff S164/2018 v Minister for Home Affairs (2018) 361 ALR 8; [2018] HCA 51 Singh v Minister for Immigration and Border Protection [2017] FCA 1316