CXK17 v Minister for Immigration and Border Protection

CXK17, an Australian resident, filed a notice of appeal against a decision of the Minister for Immigration and Border Protection to cancel his visa. The Federal Court was asked to determine if it had jurisdiction over the matter, as the appeal was commenced by notice of appeal instead of an application for judicial review. The legal issues before the court were whether the court could treat the proceedings as an application for judicial review, thereby invoking its original jurisdiction, and if so, whether it should do so. The court found that it did not have jurisdiction over the matter as the appeal was not correctly filed as an application for judicial review. It held that it could not treat the proceedings as an application for judicial review, as this would not be consistent with the Federal Court Rules 2011 (Cth). The court dismissed the proceeding commenced by the notice of appeal and ordered that the appellant pay the costs of the first respondent as agreed or otherwise assessed. The court also extended the period specified in r 36.72(1) of the Federal Court Rules 2011 (Cth) to 7 November 2018.