Applicant A110/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 695

Applicant A110/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 695

The applications were struck out because no supporting affidavit or other evidence was filed to provide the factual foundation for alleged procedural unfairness as required by law; consequently, the applications disclosed no reasonable cause of action.

Jurisdiction
Australia
Judgment Date
08 July 2003
Procedural Posture
Judicial Review / Motion to Strike Out – Final Orders
Outcome
Applications struck out for want of factual substratum; consideration of costs adjourned.
Legal Topics
['refugee Status Determination' 'procedural Fairness' 'judicial Review' 'jurisdictional Error']
['migration'] ['refugee Status Determination' 'procedural Fairness' 'judicial Review' 'jurisdictional Error']

Case Brief

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Procedural Posture

Judicial Review / Motion to Strike Out – Final Orders

Legal Issues

  1. 1 ['Whether the applications disclosed a reasonable cause of action in the absence of affidavits or factual material to support alleged procedural unfairness' 'Whether Muin v Refugee Review Tribunal principles were enlivened in each case']

Ratio Decidendi

The applications were struck out because no supporting affidavit or other evidence was filed to provide the factual foundation for alleged procedural unfairness as required by law; consequently, the applications disclosed no reasonable cause of action.

Court Disposition

Applications struck out for want of factual substratum; consideration of costs adjourned.

Orders

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