Applicant A388 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 655

Applicant A388 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 655

The Tribunal made reasonable inquiries to contact the applicant and fulfilled its procedural obligations; there was no jurisdictional error. There was no sufficient reason to allow the extension of time given the lack of prospects of success.

Parties
Applicant: Applicant A388 of 2002; First Respondent: Minister for Immigration and Multicultural and Indigenous Affairs; Second Respondent: Member Refugee Review Tribunal; Third Respondent: Principal Member of the Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
13 June 2003
Procedural Posture
Judicial Review / Application for Extension of Time and Merits of Judicial Review
Outcome
application dismissed
Legal Topics
Extension of Time, Procedural Fairness, Judicial Review
Administrative Law Immigration Law Extension of Time Procedural Fairness Judicial Review

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Applicant A388 of 2002

Applicant

Minister for Immigration and Multicultural and Indigenous Affairs

First Respondent

Member Refugee Review Tribunal

Second Respondent

Principal Member of the Refugee Review Tribunal

Third Respondent

Procedural Posture

Judicial Review / Application for Extension of Time and Merits of Judicial Review

Legal Issues

  1. 1 Whether the delay in instituting proceedings should be excused
  2. 2 Whether the Refugee Review Tribunal breached procedural fairness in proceeding in the absence of the applicant
  3. 3 Whether the decision involved jurisdictional error

Ratio Decidendi

The Tribunal made reasonable inquiries to contact the applicant and fulfilled its procedural obligations; there was no jurisdictional error. There was no sufficient reason to allow the extension of time given the lack of prospects of success.

Court Disposition

application dismissed

Orders

  • The application for extension of time is refused.
  • The application for judicial review is dismissed.