Applicant S1005 of 2003 v Refugee Review Tribunal [2004] FCA 1793

Applicant S1005 of 2003 v Refugee Review Tribunal [2004] FCA 1793

The material provided by the applicant disclosed no arguable case to support granting relief, and therefore the application to set aside interlocutory orders and grant constitutional writs was dismissed.

Jurisdiction
Australia
Judgment Date
03 August 2004
Procedural Posture
Interlocutory Application / Application for Orders to Set Aside Previous Interlocutory Orders; Judgment on Notice of Motion
Outcome
application dismissed
Legal Topics
['protection Visa' 'refugee Status' 'natural Justice' 'procedural Fairness' 'jurisdictional Error']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Status' 'natural Justice' 'procedural Fairness' 'jurisdictional Error']

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Procedural Posture

Interlocutory Application / Application for Orders to Set Aside Previous Interlocutory Orders; Judgment on Notice of Motion

Legal Issues

  1. 1 ['Whether Tribunal decision was affected by jurisdictional error' 'Whether Tribunal breached rules of natural justice' 'Whether Tribunal failed to give notice of adverse findings' 'Whether there was denial of procedural fairness due to lack of notice regarding adverse submissions under s 423 of Migration Act']

Ratio Decidendi

The material provided by the applicant disclosed no arguable case to support granting relief, and therefore the application to set aside interlocutory orders and grant constitutional writs was dismissed.

Court Disposition

application dismissed

Orders

  • ['The notice of motion filed on 6 May 2004 be dismissed.' "The applicant on the motion pay the second respondent's costs of the motion."]