Applicants M133/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1596

Applicants M133/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1596

The facts and circumstances were materially indistinguishable from Applicant M115/2003, the applicants did not contend otherwise, and they filed no affidavit material showing how any failure to apprise them of adverse country information would have made a difference before the Refugee Review Tribunal; accordingly, the application was dismissed as disclosing no reasonable cause of action and the same orders as in Applicant M115/2003 were appropriate.

Jurisdiction
Australia
Judgment Date
08 December 2003
Procedural Posture
Application Concerning Refugee Review Tribunal Protection Visa Decisions / On Remittal From the High Court of Australia; Respondents' Notice of Motion to Dismiss the Proceeding
Outcome
Application dismissed as disclosing no reasonable cause of action; respondents' motion otherwise dismissed; applicants ordered to pay respondents' costs of the application, including the costs of the motion.
Legal Topics
['refugee Review Tribunal' 'protection Visas' 'adverse Country Information' 'no Reasonable Cause of Action' 'motion to Dismiss']
['immigration Law' 'administrative Law'] ['refugee Review Tribunal' 'protection Visas' 'adverse Country Information' 'no Reasonable Cause of Action' 'motion to Dismiss']

Case Brief

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Procedural Posture

Application Concerning Refugee Review Tribunal Protection Visa Decisions / On Remittal From the High Court of Australia; Respondents' Notice of Motion to Dismiss the Proceeding

Legal Issues

  1. 1 ['Whether the application should be dismissed as disclosing no reasonable cause of action.' 'Whether the matter was materially indistinguishable from Applicant M115/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1448.' 'Whether the applicants had shown how being apprised of adverse country information would have made a difference to their case before the Refugee Review Tribunal.']

Ratio Decidendi

The facts and circumstances were materially indistinguishable from Applicant M115/2003, the applicants did not contend otherwise, and they filed no affidavit material showing how any failure to apprise them of adverse country information would have made a difference before the Refugee Review Tribunal; accordingly, the application was dismissed as disclosing no reasonable cause of action and the same orders as in Applicant M115/2003 were appropriate.

Court Disposition

Application dismissed as disclosing no reasonable cause of action; respondents' motion otherwise dismissed; applicants ordered to pay respondents' costs of the application, including the costs of the motion.

Orders

  • ['The application be dismissed as disclosing no reasonable cause of action.' "The respondents' motion otherwise be dismissed." "The applicants pay the respondents' costs of the application, including the costs of the motion."]