S195 of 2003 v Refugee Review Tribunal [2005] FCA 1571

S195 of 2003 v Refugee Review Tribunal [2005] FCA 1571

The application for orders nisi was refused because the applicant's material did not disclose an arguable case for final relief: it contained assertions but no evidence of facts showing that the Tribunal arguably committed jurisdictional error in making the decision affirming refusal of the protection visa.

Jurisdiction
Australia
Judgment Date
09 November 2005
Procedural Posture
Application for Orders Nisi Seeking Writs of Mandamus, Prohibition and Certiorari in Respect of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Proceeding Commenced in the High Court of Australia and Remitted to the Federal Court; Determination of Whether an Order Nisi Should Be Made
Outcome
Order 51A rule 5(1) not apply; application for orders nisi refused.
Legal Topics
['protection Visa' 'refugee Review Tribunal Review' 'jurisdictional Error' 'procedural Fairness' 'natural Justice' 'order Nisi' 'written Determination Without Oral Hearing']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal Review' 'jurisdictional Error' 'procedural Fairness' 'natural Justice' 'order Nisi' 'written Determination Without Oral Hearing']

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Procedural Posture

Application for Orders Nisi Seeking Writs of Mandamus, Prohibition and Certiorari in Respect of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Proceeding Commenced in the High Court of Australia and Remitted to the Federal Court; Determination of Whether an Order Nisi Should Be Made

Legal Issues

  1. 1 ["Whether the applicant's affidavit and draft order nisi disclosed at least an arguable case for final relief against the Tribunal's decision" 'Whether the material before the Court contained evidence of facts supporting jurisdictional error by the Tribunal' 'Whether Order 51A rule 5(1) of the Federal Court Rules should apply to the remitted application']

Ratio Decidendi

The application for orders nisi was refused because the applicant's material did not disclose an arguable case for final relief: it contained assertions but no evidence of facts showing that the Tribunal arguably committed jurisdictional error in making the decision affirming refusal of the protection visa.

Court Disposition

Order 51A rule 5(1) not apply; application for orders nisi refused.

Orders

  • ['Order 51A rule 5(1) not apply.' 'The application for orders nisi be refused.']