S200 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1598

S200 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1598

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 fell into jurisdictional error or otherwise support the grant of final relief.

Jurisdiction
Australia
Judgment Date
09 November 2005
Procedural Posture
Application for Orders Nisi Concerning a Refugee Review Tribunal Decision Under the Migration Act 1958 (cth) / Determination of Whether There Was an Arguable Case for the Grant of Relief, Dealt With Without Oral Hearing or Argument
Outcome
Application for orders nisi refused.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'natural Justice' 'jurisdictional Error' 'orders Nisi']
['administrative Law' 'migration Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'natural Justice' 'jurisdictional Error' 'orders Nisi']

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Procedural Posture

Application for Orders Nisi Concerning a Refugee Review Tribunal Decision Under the Migration Act 1958 (cth) / Determination of Whether There Was an Arguable Case for the Grant of Relief, Dealt With Without Oral Hearing or Argument

Legal Issues

  1. 1 ['Whether Order 51A rule 5(1) of the Federal Court Rules should be dispensed with and the application dealt with without oral hearing or argument.' "Whether the applicant's draft order nisi and affidavit disclosed at least an arguable case for final relief." "Whether there was material showing that the Refugee Review Tribunal fell into jurisdictional error in affirming the delegate's decision."]

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 fell into jurisdictional error or otherwise support the grant of final relief.

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.']