Applicant S1053 of 2003 v Refugee Review Tribunal [2006] FCA 295

The application for leave to appeal was dismissed because the applicant identified only disagreement with the Tribunal's factual findings and no jurisdictional error was identified or apparent.

Jurisdiction: Australia
Judgment Date: 09 March 2006
Procedural Posture: Application for Leave to Appeal / Against a Decision Dismissing an Application for an Order Nisi
Outcome: The application for leave to appeal was dismissed with costs.
Legal Topics: ['jurisdictional Error' 'refugee Review Tribunal Fact Finding' 'leave to Appeal']

['administrative Law' 'migration Law' 'refugee Law'] ['jurisdictional Error' 'refugee Review Tribunal Fact Finding' 'leave to Appeal']

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 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1

Procedural Posture

Application for Leave to Appeal / Against a Decision Dismissing an Application for an Order Nisi

Legal Issues

1 ["Whether leave to appeal should be granted where no jurisdictional error was identified in the Refugee Review Tribunal's decision." "Whether disagreement with the Tribunal's findings of fact was a basis for the Court to intervene."]

Ratio Decidendi

The application for leave to appeal was dismissed because the applicant identified only disagreement with the Tribunal's factual findings and no jurisdictional error was identified or apparent.

Court Disposition

The application for leave to appeal was dismissed with costs.

Orders

['The application for leave to appeal be dismissed.' 'The Applicant pay the costs of the Second Respondent fixed at $400.00.']