Applicant S231/2003 v Refugee Review Tribunal [2005] FCA 1655

Applicant S231/2003 v Refugee Review Tribunal [2005] FCA 1655

The applicant did not make out an arguable case that the Refugee Review Tribunal committed jurisdictional error. The Tribunal's reasons referred to documents produced by the applicant, there was nothing to indicate that the Tribunal failed to take them into account, the applicant's veracity was plainly in issue at the hearing, and his submissions on jurisdictional error raised only merits questions.

Jurisdiction
Australia
Judgment Date
17 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 / Remitted by the High Court to the Federal Court and Determined on the Papers
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'procedural Fairness' 'natural Justice' 'jurisdictional Error' 'constitutional Writs']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'procedural Fairness' 'natural Justice' 'jurisdictional Error' 'constitutional Writs']

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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 / Remitted by the High Court to the Federal Court and Determined on the Papers

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal failed to observe procedural fairness or natural justice by failing to take account of documentary evidence.' 'Whether the Refugee Review Tribunal made an error of law amounting to jurisdictional error.' 'Whether the Refugee Review Tribunal denied procedural fairness by not raising its suspicions about a warrant order from a Bangladeshi court.']

Ratio Decidendi

The applicant did not make out an arguable case that the Refugee Review Tribunal committed jurisdictional error. The Tribunal's reasons referred to documents produced by the applicant, there was nothing to indicate that the Tribunal failed to take them into account, the applicant's veracity was plainly in issue at the hearing, and his submissions on jurisdictional error raised only merits questions.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application for an order nisi be dismissed.' "The applicant pay the respondent's costs."]