Applicant A23/2002 v 2Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 689

Applicant A23/2002 v 2Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 689

Because the applicants filed no supporting affidavits, put on no evidence, and did not use the liberty granted to file affidavit material, there was a complete absence of evidence establishing the factual substratum required for the Muin procedural fairness allegations; the Minister's motions therefore had to be allowed and the amended applications struck out.

Jurisdiction
Australia
Judgment Date
08 July 2003
Procedural Posture
Migration Judicial Review Applications Concerning Refugee Review Tribunal Decisions Affirming Refusals of Protection Visas / Respondent Minister's Motions to Strike Out Amended Applications for Want of Evidence and No Reasonable Cause of Action
Outcome
Each application was struck out; consideration of costs was adjourned to a date to be fixed.
Legal Topics
['protection Visa Refusals' 'refugee Review Tribunal' 'muin Challenges' 'procedural Fairness' 'natural Justice' 'part B Documents' 'strike Out Application' 'factual Substratum for Judicial Review Grounds']
['migration' 'administrative Law' 'refugee Law' 'judicial Review'] ['protection Visa Refusals' 'refugee Review Tribunal' 'muin Challenges' 'procedural Fairness' 'natural Justice' 'part B Documents' 'strike Out Application' 'factual Substratum for Judicial Review Grounds']

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Procedural Posture

Migration Judicial Review Applications Concerning Refugee Review Tribunal Decisions Affirming Refusals of Protection Visas / Respondent Minister's Motions to Strike Out Amended Applications for Want of Evidence and No Reasonable Cause of Action

Legal Issues

  1. 1 ['Whether the applicants established a factual substratum necessary to enliven Muin procedural fairness grounds.' 'Whether the amended applications, unsupported by affidavit or evidence, disclosed a reasonable cause of action.' 'Whether the applications should be struck out.']

Ratio Decidendi

Because the applicants filed no supporting affidavits, put on no evidence, and did not use the liberty granted to file affidavit material, there was a complete absence of evidence establishing the factual substratum required for the Muin procedural fairness allegations; the Minister's motions therefore had to be allowed and the amended applications struck out.

Court Disposition

Each application was struck out; consideration of costs was adjourned to a date to be fixed.

Orders

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