Applicant S202/2003 v Refugee Review Tribunal [2006] FCA 1714

Applicant S202/2003 v Refugee Review Tribunal [2006] FCA 1714

The applicant did not establish an arguable case for the issue of an order nisi. There was no evidence supporting his belief that the Tribunal failed to look at all material relating to his application, he did not identify any material he would have drawn to the Tribunal's attention but for the Tribunal's letter, and the later material he produced did not support a denial of procedural fairness or otherwise suggest error. His illness submission was not raised in the application or affidavits and no error was shown in the Tribunal proceeding with the hearing after noting his cold and making allowance for it.

Jurisdiction
Australia
Judgment Date
04 December 2006
Procedural Posture
Migration; Application for an Order Nisi Requiring the Refugee Review Tribunal and the Minister for Immigration and Multicultural Affairs to Show Cause Why Relief by Way of Constitutional Writs and Injunctions Should Not Be Granted / Application for Orders Nisi Referred to the Federal Court by Order of the High Court of Australia
Outcome
Application for orders nisi refused.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'procedural Fairness' 'order Nisi' 'constitutional Writs' 'injunctions' 'ex Parte Proceeding']
['migration' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'procedural Fairness' 'order Nisi' 'constitutional Writs' 'injunctions' 'ex Parte Proceeding']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Migration; Application for an Order Nisi Requiring the Refugee Review Tribunal and the Minister for Immigration and Multicultural Affairs to Show Cause Why Relief by Way of Constitutional Writs and Injunctions Should Not Be Granted / Application for Orders Nisi Referred to the Federal Court by Order of the High Court of Australia

Legal Issues

  1. 1 ['Whether the applicant had an arguable case for final relief sufficient for an order nisi to issue' 'Whether the applicant was denied procedural fairness because the Tribunal allegedly did not look at all material relating to his application' 'Whether the matter should be reheard by the Tribunal because the applicant was ill at the Tribunal hearing']

Ratio Decidendi

The applicant did not establish an arguable case for the issue of an order nisi. There was no evidence supporting his belief that the Tribunal failed to look at all material relating to his application, he did not identify any material he would have drawn to the Tribunal's attention but for the Tribunal's letter, and the later material he produced did not support a denial of procedural fairness or otherwise suggest error. His illness submission was not raised in the application or affidavits and no error was shown in the Tribunal proceeding with the hearing after noting his cold and making allowance for it.

Court Disposition

Application for orders nisi refused.

Orders

  • ['To the extent that it is necessary to do so, that this application proceed ex parte pursuant to O 51A r 5(2) of the Federal Court Rules.' 'That the application for orders nisi against the first and second respondents be refused.']