Applicant S233/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1710

Applicant S233/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1710

The material before the Court did not disclose any basis to reasonably conclude there was an arguable case for the grant of constitutional writ relief, as there was no evidence of jurisdictional error or denial of procedural fairness by the Tribunal.

Parties
Applicant: Applicant S233/2003; First Respondent: Mr Roger Gibson, Member of the Refugee Review Tribunal; Second Respondent: Minister for Immigration & Multicultural & Indigenous Affairs
Jurisdiction
Australia
Judgment Date
25 November 2005
Procedural Posture
Migration Judicial Review / Application for Order Nisi; Determination on the Papers
Outcome
Application dismissed; costs ordered against applicant
Legal Topics
Judicial Review, Order Nisi, Jurisdictional Error, Procedural Fairness
Migration Law Administrative Law Judicial Review Order Nisi Jurisdictional Error Procedural Fairness

Case Brief

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Parties

Applicant S233/2003

Applicant

Mr Roger Gibson, Member of the Refugee Review Tribunal

First Respondent

Minister for Immigration & Multicultural & Indigenous Affairs

Second Respondent

Procedural Posture

Migration Judicial Review / Application for Order Nisi; Determination on the Papers

Legal Issues

  1. 1 Whether the Refugee Review Tribunal committed a jurisdictional error in its decision to deny a protection visa
  2. 2 Whether the applicant was denied procedural fairness

Ratio Decidendi

The material before the Court did not disclose any basis to reasonably conclude there was an arguable case for the grant of constitutional writ relief, as there was no evidence of jurisdictional error or denial of procedural fairness by the Tribunal.

Court Disposition

Application dismissed; costs ordered against applicant

Orders

  • The applicant for order nisi be dismissed.
  • The applicant is to pay the respondents' costs.