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[2006] FCA 1616
Federal Court of Australia
2006-11-23
Greenwood J, Spender J, Conti J, Moore J
Original judgment source is linked above.
NBBL v Minister for Immigration and Multicultural Affairs [2006] FCA 1616
MIGRATION - purported appeal from decision of single judge exercising Court's appellate jurisdiction - jurisdiction to dismiss as incompetent
Federal Court of Australia Act 1976 (Cth) s 24(1AAA) BZAC v Refugee Review Tribunal (2005) FCA 675 applied Khatri v Price (1999) 95 FCR 287 applied NBBL v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 1654 OF 2006
NEW SOUTH WALES DISTRICT REGISTRY NSD 1654 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
NEW SOUTH WALES DISTRICT REGISTRY NSD 1654 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
REASONS FOR JUDGMENT 1 On 29 August 2006 the applicant filed what purported to be a notice of appeal against a judgment of Greenwood J of 11 August 2006: see NBBL v Minister for Immigration and Multicultural Affairs [2006] FCA 1045. His Honour refused leave to file an amended notice of appeal and dismissed the appeal with costs. The appellant had sought to appeal against a judgment of a Federal Magistrate of 8 February 2006 dismissing a challenge to a decision of the Refugee Review Tribunal. 2 Greenwood J was exercising the appellate jurisdiction of the Court. There is no jurisdiction in this Court to entertain a purported appeal in the Court's appellate jurisdiction from a judgment of the type given by Greenwood J: see s 24(1AAA) of the Federal Court of Australia Act 1976 (Cth). Accordingly, the process filed on 29 August 2006 does not engage the Court's appellate jurisdiction and does not otherwise engage the Court's jurisdiction save to the extent that I have jurisdiction to determine whether the Court has jurisdiction. So much was established by Khatri v Price (1999) 95 FCR 287. I have jurisdiction to exercise the power to make an order under s 23 of the Act dismissing the process filed on 29 August 2006 as incompetent. A similar conclusion was reached by Spender J in BZAC v Refugee Review Tribunal (2005) FCA 675 which was referred to with approval by Conti J in a Full Court in Applicants 325/2002 v Refugee Review Tribunal [2006] FCAFC 59. 3 The purported notice of appeal filed 29 August 2006 should be dismissed as incompetent. The appellant should pay the first respondent's costs fixed in the sum of $700. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore .
NBBL
Minister for Immigration and Multicultural Affairs