Does FCCA have jurisdiction to review s 501(3A) decisions?

By
Sergio Zanotti Stagliorio
-

Federal Court (FCA). Does the Federal Circuit Court has jurisdiction to review a decision of a delegate made under s 501(3A) of the Migration Act 1958 (Cth)? Is jurisdiction "conferred on the [FCA] to consider an application to extend time under s 477(2) in proceedings transferred to it by the Federal Circuit Court"? Should a single judge of the FCA "lightly decline to follow the considered obiter dicta observations of other single judges of the [FCA]"?

Some of the questions to the Federal Court (FCA) were as follows:

Question 1: Does Federal Circuit Court have jurisdiction to review a decision of a delegate made under s 501(3A) of the Migration Act 1958 (Cth), pursuant to s 476?

Question 2: Is jurisdiction "conferred on the Federal Court to consider an application to extend time under s 477(2) in proceedings transferred to it by the Federal Circuit Court"?

Question 3: Should a single judge of the FCA "lightly decline to follow the considered obiter dicta observations of other single judges of the [FCA]"?

The FCA answered those questions as follows:

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