S197 of 2003 v Refugee Review Tribunal [2005] FCA 1603

S197 of 2003 v Refugee Review Tribunal [2005] FCA 1603

The material before the Court did not disclose an arguable case that the Tribunal had fallen into jurisdictional error or denied the applicant natural justice, as there was no evidence beyond mere assertion to support the relief claimed.

Parties
Applicant: Applicant S197 of 2003; First Respondent: Refugee Review Tribunal; Second Respondent: Minister for Immigration & Multicultural & Indigenous Affairs
Jurisdiction
Australia
Judgment Date
09 November 2005
Procedural Posture
Judicial Review / Judgment on Application for Orders Nisi
Outcome
Application for orders nisi refused
Legal Topics
Procedural Fairness, Natural Justice, Protection Visa, Jurisdictional Error
Administrative Law Migration Law Procedural Fairness Natural Justice Protection Visa Jurisdictional Error

Case Brief

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Parties

Applicant S197 of 2003

Applicant

Refugee Review Tribunal

First Respondent

Minister for Immigration & Multicultural & Indigenous Affairs

Second Respondent

Procedural Posture

Judicial Review / Judgment on Application for Orders Nisi

Legal Issues

  1. 1 Whether the Refugee Review Tribunal denied the applicant natural justice and procedural fairness
  2. 2 Whether the Tribunal failed to notify the applicant of evidence relied upon for adverse findings
  3. 3 Whether there was jurisdictional error justifying relief

Ratio Decidendi

The material before the Court did not disclose an arguable case that the Tribunal had fallen into jurisdictional error or denied the applicant natural justice, as there was no evidence beyond mere assertion to support the relief claimed.

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.