Applicant M182/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1597

Applicant M182/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1597

Because the matter was materially indistinguishable from Applicant M115/2003, the applicant did not contend otherwise, and no affidavit material was filed showing how the alleged failure to appraise her of adverse country information would have made a difference before the Tribunal, the same orders as in Applicant M115/2003 were appropriate, including dismissal of the application as disclosing no reasonable cause of action.

Jurisdiction
Australia
Judgment Date
08 December 2003
Procedural Posture
Federal Court Application Concerning a Refugee Review Tribunal Protection Visa Matter / Respondents' Notice of Motion to Dismiss the Proceeding
Outcome
Application dismissed as disclosing no reasonable cause of action; respondents' motion otherwise dismissed; applicant ordered to pay respondents' costs of the application including the costs of the motion.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'no Reasonable Cause of Action' 'adverse Country Information']
['immigration' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'no Reasonable Cause of Action' 'adverse Country Information']

Case Brief

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Procedural Posture

Federal Court Application Concerning a Refugee Review Tribunal Protection Visa Matter / Respondents' Notice of Motion to Dismiss the Proceeding

Legal Issues

  1. 1 ['Whether the application should be dismissed as disclosing no reasonable cause of action.' "Whether the respondents' motion should otherwise be dismissed."]

Ratio Decidendi

Because the matter was materially indistinguishable from Applicant M115/2003, the applicant did not contend otherwise, and no affidavit material was filed showing how the alleged failure to appraise her of adverse country information would have made a difference before the Tribunal, the same orders as in Applicant M115/2003 were appropriate, including dismissal of the application as disclosing no reasonable cause of action.

Court Disposition

Application dismissed as disclosing no reasonable cause of action; respondents' motion otherwise dismissed; applicant ordered to pay respondents' costs of the application including the costs of the motion.

Orders

  • ['The application be dismissed as disclosing no reasonable cause of action.' "The respondents' motion otherwise be dismissed." "The applicant pay the respondents' costs of the application, including the costs of the motion."]