S1816 of 2003 v Refugee Review Tribunal [2005] FCA 1608

S1816 of 2003 v Refugee Review Tribunal [2005] FCA 1608

The application for orders nisi was refused because the affidavit and exhibits merely pleaded an entitlement to relief and did not contain facts capable of supporting the grant of relief or disclose an arguable case that the Tribunal made a jurisdictional error, including any denial of natural justice.

Jurisdiction
Australia
Judgment Date
09 November 2005
Procedural Posture
Application for Orders Nisi for Writs of Prohibition, Certiorari, Mandamus or an Injunction Concerning a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Determination on the Papers After Remitter From the High Court
Outcome
Application for orders nisi refused.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'natural Justice' 'jurisdictional Error' 'order Nisi' 'high Court Remitter']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'natural Justice' 'jurisdictional Error' 'order Nisi' 'high Court Remitter']

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Procedural Posture

Application for Orders Nisi for Writs of Prohibition, Certiorari, Mandamus or an Injunction Concerning a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Determination on the Papers After Remitter From the High Court

Legal Issues

  1. 1 ["Whether the applicant disclosed an arguable case for an order nisi in respect of the Tribunal's decision of 27 June 2000." 'Whether the material disclosed an arguable case that the Tribunal denied natural justice or otherwise fell into jurisdictional error.' 'Whether Order 51A rule 5(1) of the Federal Court Rules should not apply to the proceeding.']

Ratio Decidendi

The application for orders nisi was refused because the affidavit and exhibits merely pleaded an entitlement to relief and did not contain facts capable of supporting the grant of relief or disclose an arguable case that the Tribunal made a jurisdictional error, including any denial of natural justice.

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.']