Applicant A162/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 716

Applicant A162/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 716

Because the applicant filed no affidavit or factual material to support the allegation of denial of procedural fairness, there was no factual substratum for the claim. The Tribunal was authorised by s 426A of the Migration Act 1958 (Cth) to determine the matter after the applicant was invited to attend but failed to do so, and there was no factual basis for suggesting that it acted improperly. The Minister's summary dismissal motion therefore succeeded.

Jurisdiction
Australia
Judgment Date
09 July 2003
Procedural Posture
Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Minister's Notice of Motion for Summary Dismissal After Remission From the High Court of Australia
Outcome
Application dismissed; consideration of costs adjourned to a date to be fixed.
Legal Topics
['judicial Review' 'natural Justice' 'procedural Fairness' 'audi Alteram Partem' 'refugee Review Tribunal' 'protection Visa' 'summary Dismissal']
['administrative Law' 'migration Law'] ['judicial Review' 'natural Justice' 'procedural Fairness' 'audi Alteram Partem' 'refugee Review Tribunal' 'protection Visa' 'summary Dismissal']

Case Brief

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Procedural Posture

Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Minister's Notice of Motion for Summary Dismissal After Remission From the High Court of Australia

Legal Issues

  1. 1 ['Whether the application disclosed a reasonable cause of action for breach of natural justice or procedural fairness.' 'Whether the Refugee Review Tribunal was authorised to proceed to determine the matter without hearing the applicant after the applicant was invited to attend but failed to do so.' "Whether the absence of affidavit or factual material left any factual substratum for the applicant's claim."]

Ratio Decidendi

Because the applicant filed no affidavit or factual material to support the allegation of denial of procedural fairness, there was no factual substratum for the claim. The Tribunal was authorised by s 426A of the Migration Act 1958 (Cth) to determine the matter after the applicant was invited to attend but failed to do so, and there was no factual basis for suggesting that it acted improperly. The Minister's summary dismissal motion therefore succeeded.

Court Disposition

Application dismissed; consideration of costs adjourned to a date to be fixed.

Orders

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