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MIGRATION LEGISLATION AMENDMENT ACT (NO. 1) 2009 (NO. 10, 2009) - SCHEDULE 3

Amendments relating to appeals against extension of time decisions

   

Migration Act 1958

1  At the end of section 476A

Add:

             (3)  Despite section 24 of the Federal Court of Australia Act 1976 , an appeal may not be brought to the Federal Court from:

                     (a)  a judgment of the Federal Magistrates Court that makes an order or refuses to make an order under subsection 477(2); or

                     (b)  a judgment of the Federal Court that makes an order or refuses to make an order under subsection 477A(2).

             (4)  Despite section 33 of the Federal Court of Australia Act 1976 , an appeal may not be brought to the High Court from a judgment of the Federal Court that makes an order or refuses to make an order under subsection 477A(2).

             (5)  In this section:

"judgment" has the same meaning as in the Federal Court of Australia Act 1976 .

2  Application

The amendment made by this Schedule applies to judgments made on or after the commencement of this Schedule that make an order or refuse to make an order under subsection 477(2) or 477A(2) of the Migration Act 1958 .


[ Minister's second reading speech made in--

Senate on 3 December 2008

House of Representatives on 12 February 2009 ]

(242/08)

 



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