Applicant S208 of 2003 v Refugee Review Tribunal [2005] FCA 1563

Applicant S208 of 2003 v Refugee Review Tribunal [2005] FCA 1563

The applicant did not make out an arguable case that the Tribunal committed jurisdictional error. The Tribunal had addressed political opinion, no obligation was shown to consider the additional article or make inquiries for the applicant, the Part B documents did not require notice under s424A, the finding concerning fabrication of the newspaper article was open on the evidence, and the remaining complaints sought merits review of factual findings.

Jurisdiction
Australia
Judgment Date
04 November 2005
Procedural Posture
Application for an Order Nisi Requiring the Respondents to Show Cause Why Constitutional Writs Should Not Be Issued in Respect of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / On Remittal From the High Court of Australia; Dealt With on the Papers
Outcome
Application for an order nisi refused with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'procedural Fairness' 'order Nisi' 'political Opinion' 'adverse Information' 'merits Review']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'procedural Fairness' 'order Nisi' 'political Opinion' 'adverse Information' 'merits Review']

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Procedural Posture

Application for an Order Nisi Requiring the Respondents to Show Cause Why Constitutional Writs Should Not Be Issued in Respect of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / On Remittal From the High Court of Australia; Dealt With on the Papers

Legal Issues

  1. 1 ['Whether the applicant had an arguable case that the Refugee Review Tribunal committed jurisdictional error.' 'Whether the Tribunal failed to consider persecution for reason of political opinion.' "Whether the Tribunal failed to consider material in support of the applicant's claims." 'Whether the Tribunal was actually or impliedly biased.' 'Whether the Tribunal denied procedural fairness by failing to give the applicant an opportunity to respond to the Part B documents.' 'Whether the Tribunal denied procedural fairness by finding that a newspaper article submitted by the applicant was fabricated.']

Ratio Decidendi

The applicant did not make out an arguable case that the Tribunal committed jurisdictional error. The Tribunal had addressed political opinion, no obligation was shown to consider the additional article or make inquiries for the applicant, the Part B documents did not require notice under s424A, the finding concerning fabrication of the newspaper article was open on the evidence, and the remaining complaints sought merits review of factual findings.

Court Disposition

Application for an order nisi refused with costs.

Orders

  • ['Subrule (1) of Order 51A rule 5 not apply to this application.' 'The application for an order nisi be refused.' "The applicant pay the respondents' costs."]