S1758 of 2003 v Refugee Review Tribunal [2005] FCA 1580

S1758 of 2003 v Refugee Review Tribunal [2005] FCA 1580

The material before the Court does not disclose an arguable case that the Tribunal fell into jurisdictional error; therefore, relief is refused.

Source-derived case information.

Parties
Applicant: Applicant S1758 of 2003; First Respondent: Refugee Review Tribunal; Second Respondent: Minister for Immigration & Multicultural & Indigenous Affairs
Jurisdiction
Australia
Judgment Date
09 November 2005
Procedural Posture
Judicial Review / Application for Orders Nisi Ruling/refusal
Outcome
Application for orders nisi refused
Legal Topics
Judicial Review, Procedural Fairness, Natural Justice, Jurisdictional Error
Administrative Law Immigration Law Judicial Review Procedural Fairness Natural Justice Jurisdictional Error

Source-derived case record

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Parties

Applicant S1758 of 2003

Applicant

Refugee Review Tribunal

First Respondent

Minister for Immigration & Multicultural & Indigenous Affairs

Second Respondent

Procedural Posture

Judicial Review / Application for Orders Nisi Ruling/refusal

Legal Issues

  1. 1 Whether the Refugee Review Tribunal acted beyond its jurisdiction
  2. 2 Whether there was a denial of procedural fairness or breach of natural justice in the Tribunal decision
  3. 3 Whether the Tribunal failed to observe required procedure under the law

Ratio Decidendi

The material before the Court does not disclose an arguable case that the Tribunal fell into jurisdictional error; therefore, relief is refused.

Court Disposition

Application for orders nisi refused

Orders

  • Order 51A rule 5(1) not apply to the proceeding.
  • The application for orders nisi be refused.