Applicant S1815 of 2003 v Refugee Review Tribunal [2006] FCA 1202

Applicant S1815 of 2003 v Refugee Review Tribunal [2006] FCA 1202

The application for an order nisi failed because the applicant did not identify any material adverse to him that the Tribunal relied on without putting it to him, did not demonstrate that the Tribunal failed to consider any significant claim, raised no arguable error of law in the Tribunal's credibility assessment, and relied in part on statutory provisions not in force at the time of the Tribunal decision. The Tribunal's reasons indicated that adverse material and the relocation issue were put to the applicant, and no arguable basis for prerogative relief was made out.

Jurisdiction
Australia
Judgment Date
29 August 2006
Procedural Posture
Migration Judicial Review Application Seeking an Order Nisi / On Remittal From the High Court of Australia
Outcome
Application dismissed; order nisi refused.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'procedural Fairness' 'natural Justice' 'credibility Assessment' 'relocation' 'order Nisi']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'procedural Fairness' 'natural Justice' 'credibility Assessment' 'relocation' 'order Nisi']

Case Brief

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Procedural Posture

Migration Judicial Review Application Seeking an Order Nisi / On Remittal From the High Court of Australia

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal breached procedural fairness or natural justice by relying on adverse material without giving the applicant an adequate opportunity to respond.' "Whether the Tribunal erred in law in its assessment of the applicant's credibility and evidence." "Whether grounds based on statutory provisions that commenced after the Tribunal's decision could support relief." 'Whether no arguable case for prerogative relief was shown.']

Ratio Decidendi

The application for an order nisi failed because the applicant did not identify any material adverse to him that the Tribunal relied on without putting it to him, did not demonstrate that the Tribunal failed to consider any significant claim, raised no arguable error of law in the Tribunal's credibility assessment, and relied in part on statutory provisions not in force at the time of the Tribunal decision. The Tribunal's reasons indicated that adverse material and the relocation issue were put to the applicant, and no arguable basis for prerogative relief was made out.

Court Disposition

Application dismissed; order nisi refused.

Orders

  • ['The application for an order nisi be dismissed.' 'The applicant pay the costs of the respondents.']