Applicant S159 of 2002 v Refugee Review Tribunal [2003] FCA 963

Applicant S159 of 2002 v Refugee Review Tribunal [2003] FCA 963

The application failed because there was no evidence capable of supporting a finding that the Secretary failed to give the Tribunal Registrar any document considered relevant under s 418(3), and no evidence that the Tribunal had not considered all material relating to the applicant's application or that the applicant would have taken any step if told otherwise. The applicant also did not establish a sound basis for an adjournment.

Jurisdiction
Australia
Judgment Date
06 August 2003
Procedural Posture
Application for Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa Under the Migration Act 1958 (cth) / Final Hearing After Remittal From the High Court; Application Dismissed
Outcome
Application dismissed with costs payable by the applicant to the second respondent.
Legal Topics
['protection Visa' 'refugee Review Tribunal Review' 'judicial Review' 'jurisdictional Error' 'procedural Fairness' 'natural Justice' 'migration Act S 418(3) Documents']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal Review' 'judicial Review' 'jurisdictional Error' 'procedural Fairness' 'natural Justice' 'migration Act S 418(3) Documents']

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Procedural Posture

Application for Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa Under the Migration Act 1958 (cth) / Final Hearing After Remittal From the High Court; Application Dismissed

Legal Issues

  1. 1 ['Whether the Secretary failed to give the Registrar of the Refugee Review Tribunal documents considered relevant to the review as required by s 418(3) of the Migration Act 1958 (Cth).' "Whether the Tribunal's statement that it had looked at all material relating to the application was false and gave rise to a denial of procedural fairness." 'Whether the applicant had shown a sound basis for an adjournment to obtain legal assistance.']

Ratio Decidendi

The application failed because there was no evidence capable of supporting a finding that the Secretary failed to give the Tribunal Registrar any document considered relevant under s 418(3), and no evidence that the Tribunal had not considered all material relating to the applicant's application or that the applicant would have taken any step if told otherwise. The applicant also did not establish a sound basis for an adjournment.

Court Disposition

Application dismissed with costs payable by the applicant to the second respondent.

Orders

  • ['The application be dismissed.' "The applicant pay the second respondent's costs of the proceeding."]