A34 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 868

A34 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 868

The affidavits filed in the High Court disclosed no evidence that would justify the orders sought by way of prerogative writ relief, and no reasonable cause of action was disclosed; accordingly, the applications for an order nisi were refused.

Jurisdiction
Australia
Judgment Date
30 April 2004
Procedural Posture
Application for an Order Nisi Seeking Prerogative Writ Relief in Respect of Refugee Review Tribunal Decisions Affirming Refusal of Protection Visas / Remitted From the High Court; Application for Order Nisi Refused
Outcome
Applications for an order nisi refused; applicants ordered to pay the Minister's costs.
Legal Topics
['protection Visas' 'refugee Review Tribunal' 'order Nisi' 'prerogative Writ Relief' 'natural Justice' 'error of Law' 'no Reasonable Cause of Action']
['migration Law' 'administrative Law' 'federal Court Procedure'] ['protection Visas' 'refugee Review Tribunal' 'order Nisi' 'prerogative Writ Relief' 'natural Justice' 'error of Law' 'no Reasonable Cause of Action']

Case Brief

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Procedural Posture

Application for an Order Nisi Seeking Prerogative Writ Relief in Respect of Refugee Review Tribunal Decisions Affirming Refusal of Protection Visas / Remitted From the High Court; Application for Order Nisi Refused

Legal Issues

  1. 1 ['Whether the affidavits filed in the High Court disclosed evidence justifying prerogative writ relief by order nisi.' 'Whether an order nisi should be made where no reasonable cause of action was disclosed.']

Ratio Decidendi

The affidavits filed in the High Court disclosed no evidence that would justify the orders sought by way of prerogative writ relief, and no reasonable cause of action was disclosed; accordingly, the applications for an order nisi were refused.

Court Disposition

Applications for an order nisi refused; applicants ordered to pay the Minister's costs.

Orders

  • ['Order 51A r 5(1) of the Federal Court Rules does not apply.' 'The application for an order nisi be refused.' "The applicants pay the Minister's costs of the proceeding."]