S191 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1606

S191 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1606

The application for orders nisi was refused because the applicant provided only unparticularised assertions and an affidavit repeating those complaints, and the material before the Court did not disclose an arguable case that the Tribunal had fallen into jurisdictional error.

Jurisdiction
Australia
Judgment Date
09 November 2005
Procedural Posture
Application for Orders Nisi in a Migration Judicial Review Proceeding / Application for Orders Nisi Refused Without Oral Hearing or Argument
Outcome
Application for orders nisi refused.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'natural Justice' 'error of Law' 'jurisdictional Error' 'order Nisi']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'natural Justice' 'error of Law' 'jurisdictional Error' 'order Nisi']

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Procedural Posture

Application for Orders Nisi in a Migration Judicial Review Proceeding / Application for Orders Nisi Refused Without Oral Hearing or Argument

Legal Issues

  1. 1 ["Whether the material before the Court disclosed an arguable case for the grant of final relief against the Tribunal's decision." 'Whether Order 51A rule 5(1) of the Federal Court Rules should be dispensed with so the application could be dealt with without oral hearing or argument.']

Ratio Decidendi

The application for orders nisi was refused because the applicant provided only unparticularised assertions and an affidavit repeating those complaints, and the material before the Court did not disclose an arguable case that the Tribunal had fallen into jurisdictional error.

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.']