S1814 of 2003 v Refugee Review Tribunal [2005] FCA 1593

S1814 of 2003 v Refugee Review Tribunal [2005] FCA 1593

The application and supporting affidavit do not show an arguable case for the grant of the relief claimed; there is no material before the Court suggesting that the Tribunal fell into jurisdictional error or failed to accord natural justice.

Parties
Applicant: Applicant S1814 of 2003; First Respondent: Refugee Review Tribunal; Second Respondent: Minister for Immigration & Multicultural & Indigenous Affairs; Third Respondent: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
09 November 2005
Procedural Posture
Judicial Review / Final Judgment
Outcome
application dismissed
Legal Topics
Natural Justice, Jurisdictional Error, Refugee Status Determination
Migration Law Administrative Law Natural Justice Jurisdictional Error Refugee Status Determination

Case Brief

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Parties

Applicant S1814 of 2003

Applicant

Refugee Review Tribunal

First Respondent

Minister for Immigration & Multicultural & Indigenous Affairs

Second Respondent

Commonwealth of Australia

Third Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Refugee Review Tribunal denied the applicant natural justice
  2. 2 Whether there is an arguable case that the Tribunal fell into jurisdictional error

Ratio Decidendi

The application and supporting affidavit do not show an arguable case for the grant of the relief claimed; there is no material before the Court suggesting that the Tribunal fell into jurisdictional error or failed to accord natural justice.

Court Disposition

application dismissed

Orders

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