Applicant S191 of 2005 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1824

There was no material or evidence before the Court supporting any arguable case that the Tribunal had made a jurisdictional error; therefore, leave to appeal against the decision of Emmett J was refused.

Parties: Applicant: Applicant S191 of 2003; First Respondent: Minister for Immigration and Multicultural and Indigenous Affairs; Second Respondent: Refugee Review Tribunal
Jurisdiction: Australia
Judgment Date: 08 December 2005
Procedural Posture: Application for Leave to Appeal / Judgment on Application for Leave to Appeal
Outcome: Application for leave to appeal dismissed with costs.
Legal Topics: Prerogative Relief, Leave to Appeal, Jurisdictional Error, Protection Visa, Review of Administrative Decisions

Administrative Law Immigration Law Prerogative Relief Leave to Appeal Jurisdictional Error Protection Visa Review of Administrative Decisions

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Parties

Applicant S191 of 2003

Applicant

Minister for Immigration and Multicultural and Indigenous Affairs

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Judgment on Application for Leave to Appeal

Legal Issues

1 Whether Emmett J erred in finding that there was no arguable case of jurisdictional error on the part of the Refugee Review Tribunal
2 Whether leave to appeal should be granted against the decision refusing an order nisi for prerogative relief

Ratio Decidendi

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

The application for leave to appeal against a decision of Emmett J be dismissed with costs fixed at $700.00.