Applicant A141/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 825

Applicant A141/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 825

Each amended application was unsupported by affidavit or other evidence despite liberty having been given to file affidavit material, and there was a complete absence of evidence establishing the factual foundation required for the Muin procedural fairness allegations. The Minister's motions were therefore allowed and the amended applications were struck out.

Jurisdiction
Australia
Judgment Date
21 July 2003
Procedural Posture
Judicial Review of Refugee Review Tribunal Decisions Affirming Decisions Not to Grant Protection Visas / Respondent Minister's Notices of Motion to Strike Out Amended Applications
Outcome
The applications were struck out and consideration of costs was adjourned to a date to be fixed.
Legal Topics
['judicial Review' 'procedural Fairness' 'jurisdictional Error' 'protection Visas' 'refugee Review Tribunal' 'strike Out Application']
['administrative Law' 'immigration Law'] ['judicial Review' 'procedural Fairness' 'jurisdictional Error' 'protection Visas' 'refugee Review Tribunal' 'strike Out Application']

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Procedural Posture

Judicial Review of Refugee Review Tribunal Decisions Affirming Decisions Not to Grant Protection Visas / Respondent Minister's Notices of Motion to Strike Out Amended Applications

Legal Issues

  1. 1 ['Whether the amended applications disclosed a reasonable cause of action based on alleged denial of procedural fairness under Muin v Refugee Review Tribunal.' 'Whether the applicants established the factual substratum necessary to enliven a Muin challenge.' 'Whether the applications should be struck out for complete absence of supporting evidence.']

Ratio Decidendi

Each amended application was unsupported by affidavit or other evidence despite liberty having been given to file affidavit material, and there was a complete absence of evidence establishing the factual foundation required for the Muin procedural fairness allegations. The Minister's motions were therefore allowed and the amended applications were struck out.

Court Disposition

The applications were struck out and consideration of costs was adjourned to a date to be fixed.

Orders

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