S229 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1585

S229 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1585

The application was refused as the draft order nisi did not state any grounds and the affidavit did not provide particulars or evidence disclosing an arguable case for relief based on jurisdictional error.

Jurisdiction
Australia
Judgment Date
09 November 2005
Procedural Posture
Judicial Review / Final Determination
Outcome
application refused
Legal Topics
['protection Visa' 'jurisdictional Error' 'order Nisi' 'judicial Review']

Case Brief

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Procedural Posture

Judicial Review / Final Determination

  1. 1 ['Whether there is an arguable case for relief based on jurisdictional error by the Tribunal' 'Whether the applicant provided sufficient grounds for review']

Ratio Decidendi

The application was refused as the draft order nisi did not state any grounds and the affidavit did not provide particulars or evidence disclosing an arguable case for relief based on jurisdictional error.

Court Disposition

application refused

Orders

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