Applicant A35/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 690
Applications were struck out because no factual foundation was provided in support of the Muin challenges; applicants failed to lodge any affidavit evidence despite opportunity and direction, meaning the requisite factual substratum to enliven claimed jurisdictional errors was lacking.
- Jurisdiction
- Australia
- Judgment Date
- 08 July 2003
- Procedural Posture
- Application for Judicial Review / Motion to Strike Out, Final Judgment
- Outcome
- applications struck out; costs adjourned
- Legal Topics
- ['refugee Visas' 'procedural Fairness' 'judicial Review' 'jurisdictional Error' 'evidentiary Requirements']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Judicial Review / Motion to Strike Out, Final Judgment
Legal Issues
- 1 ['Whether applications for judicial review based on Muin v Refugee Review Tribunal grounds can proceed absent supporting affidavit or factual substratum' 'Whether procedural fairness was denied by Refugee Review Tribunal in light of alleged Muin deficiencies']
Ratio Decidendi
Applications were struck out because no factual foundation was provided in support of the Muin challenges; applicants failed to lodge any affidavit evidence despite opportunity and direction, meaning the requisite factual substratum to enliven claimed jurisdictional errors was lacking.
Court Disposition
applications struck out; costs adjourned
Orders
- ['The applications be struck out.' 'The consideration of costs be adjourned to a date to be fixed.']
Full Case Text
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