S239 of 2003 v Refugee Review Tribunal [2005] FCA 1584

S239 of 2003 v Refugee Review Tribunal [2005] FCA 1584

The material before the Court does not disclose an arguable case for relief, as it consists of mere pleading and assertion without evidentiary support. No jurisdictional error or breach of procedural fairness is established.

Parties
Applicant: Applicant S239 of 2003; First Respondent: Refugee Review Tribunal; Second Respondent: Minister for Immigration & Multicultural & Indigenous Affairs
Jurisdiction
Australia
Judgment Date
09 November 2005
Procedural Posture
Judicial Review / Application for Orders Nisi; Reasons for Refusal
Outcome
Application for orders nisi refused
Legal Topics
Jurisdictional Error, Procedural Fairness, Natural Justice, Protection Visa Review
Administrative Law Migration Law Jurisdictional Error Procedural Fairness Natural Justice Protection Visa Review

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Parties

Applicant S239 of 2003

Applicant

Refugee Review Tribunal

First Respondent

Minister for Immigration & Multicultural & Indigenous Affairs

Second Respondent

Procedural Posture

Judicial Review / Application for Orders Nisi; Reasons for Refusal

Legal Issues

  1. 1 Whether the Refugee Review Tribunal committed a jurisdictional error.
  2. 2 Whether proper procedures required by the Migration Act 1958 were observed.
  3. 3 Whether the applicant was denied procedural fairness and natural justice.

Ratio Decidendi

The material before the Court does not disclose an arguable case for relief, as it consists of mere pleading and assertion without evidentiary support. No jurisdictional error or breach of procedural fairness is established.

Court Disposition

Application for orders nisi refused

Orders

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