Applicant A80/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 693

Applicant A80/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 693

Each application was struck out because the applicant failed to provide affidavit evidence to support the Muin grounds or any factual substratum for their claims, as required by law.

Jurisdiction
Australia
Judgment Date
08 July 2003
Procedural Posture
Judicial Review / Motion to Strike Out/decision on Application
Outcome
applications struck out; costs adjourned
Legal Topics
['judicial Review' 'procedural Fairness' 'jurisdictional Error' 'refugee Law' 'striking Out Applications']
['migration Law'] ['judicial Review' 'procedural Fairness' 'jurisdictional Error' 'refugee Law' 'striking Out Applications']

Case Brief

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Procedural Posture

Judicial Review / Motion to Strike Out/decision on Application

Legal Issues

  1. 1 ['Whether the applications for judicial review should be struck out for lack of evidentiary foundation.' 'Whether the Muin procedural fairness grounds were made out absent supporting affidavit evidence.']

Ratio Decidendi

Each application was struck out because the applicant failed to provide affidavit evidence to support the Muin grounds or any factual substratum for their claims, as required by law.

Court Disposition

applications struck out; costs adjourned

Orders

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