A52 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1596

A52 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1596

The application for orders nisi was refused because the material before the Court did not contain evidence of facts supporting the relief claimed and did not disclose an arguable case that the Tribunal fell into jurisdictional error in making its decision.

Jurisdiction
Australia
Judgment Date
09 November 2005
Procedural Posture
Application for Orders Nisi Seeking Relief in Respect of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa Application / Dealt With on the Papers After Remittal From the High Court; Application for Orders Nisi Refused
Outcome
Application for orders nisi refused.
Legal Topics
['protection Visa' 'refugee Review Tribunal Review' 'orders Nisi' 'natural Justice' 'jurisdictional Error' 'arguable Case']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal Review' 'orders Nisi' 'natural Justice' 'jurisdictional Error' 'arguable Case']

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Procedural Posture

Application for Orders Nisi Seeking Relief in Respect of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa Application / Dealt With on the Papers After Remittal From the High Court; Application for Orders Nisi Refused

Legal Issues

  1. 1 ['Whether Order 51A rule 5(1) should be dispensed with and the matter dealt with on the papers.' "Whether the material filed by the applicant disclosed at least an arguable case for final relief in respect of the Tribunal's Decision." 'Whether the Tribunal arguably fell into jurisdictional error such that its decision should be quashed and the Minister restrained from acting on it.']

Ratio Decidendi

The application for orders nisi was refused because the material before the Court did not contain evidence of facts supporting the relief claimed and did not disclose an arguable case that the Tribunal fell into jurisdictional error in making its decision.

Court Disposition

Application for orders nisi refused.

Orders

  • ['Order 51A rule 5(1) not apply to the proceeding.' 'The application for orders nisi be refused.']