Applicant A120/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 714

Applicant A120/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 714

There is no factual substratum for the claim of denial of natural justice; the Tribunal was authorised by statute to proceed in the applicant's absence, and there is no foundation for any alleged lack of procedural fairness.

Jurisdiction
Australia
Judgment Date
09 July 2003
Procedural Posture
Judicial Review / Final Judgment
Outcome
application dismissed
Legal Topics
['natural Justice' 'procedural Fairness' 'judicial Review' 'migration']
['administrative Law' 'migration Law'] ['natural Justice' 'procedural Fairness' 'judicial Review' 'migration']

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Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal denied the applicant procedural fairness by proceeding to determine the matter without hearing the applicant']

Ratio Decidendi

There is no factual substratum for the claim of denial of natural justice; the Tribunal was authorised by statute to proceed in the applicant's absence, and there is no foundation for any alleged lack of procedural fairness.

Court Disposition

application dismissed

Orders

  • ['The application be dismissed.' 'The consideration of costs be adjourned to a date to be fixed.']