Applicants M237/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 95

Applicants M237/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 95

The application for an order nisi for a writ of prohibition was refused because the applicants did not make out an arguable case of jurisdictional error. The matters capable of giving rise to jurisdictional error had already been rejected in earlier Federal Court proceedings and were barred by res judicata or issue estoppel. The further material filed by the applicants largely challenged the merits and factual findings of the Tribunal and did not establish any new arguable jurisdictional error, including any arguable natural justice ground.

Jurisdiction
Australia
Judgment Date
18 February 2005
Procedural Posture
Migration Application for an Order Nisi for a Writ of Prohibition / Remitted Proceeding; Interlocutory Application for Order Nisi After Previous Judicial Review and Appeal Proceedings
Outcome
Application for an order nisi for a writ of prohibition refused; applicants ordered to pay the respondents' costs.
Legal Topics
['protection Visas' 'refugee Review Tribunal' 'writ of Prohibition' 'jurisdictional Error' 'order Nisi' 'res Judicata' 'issue Estoppel' 'procedural Fairness']
['migration Law' 'administrative Law'] ['protection Visas' 'refugee Review Tribunal' 'writ of Prohibition' 'jurisdictional Error' 'order Nisi' 'res Judicata' 'issue Estoppel' 'procedural Fairness']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Migration Application for an Order Nisi for a Writ of Prohibition / Remitted Proceeding; Interlocutory Application for Order Nisi After Previous Judicial Review and Appeal Proceedings

Legal Issues

  1. 1 ['Whether the applicants made out an arguable case for establishing jurisdictional error sufficient to justify an order nisi for a writ of prohibition.' 'Whether issues sought to be raised by the applicants had already been decided adversely to them and were barred by res judicata or issue estoppel.' "Whether the applicants' further written material raised any new arguable ground of review, including denial of procedural fairness or natural justice."]

Ratio Decidendi

The application for an order nisi for a writ of prohibition was refused because the applicants did not make out an arguable case of jurisdictional error. The matters capable of giving rise to jurisdictional error had already been rejected in earlier Federal Court proceedings and were barred by res judicata or issue estoppel. The further material filed by the applicants largely challenged the merits and factual findings of the Tribunal and did not establish any new arguable jurisdictional error, including any arguable natural justice ground.

Court Disposition

Application for an order nisi for a writ of prohibition refused; applicants ordered to pay the respondents' costs.

Orders

  • ['Pursuant to the Federal Court Rules O 51A r 5(2) that O 51A r 5(1) does not apply to this application.' 'The application for an order nisi for a writ of prohibition is refused.' "The applicants pay the respondents' costs of and incidental to the application."]