S242 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1601

S242 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1601

The application for orders nisi was refused because the grounds and affidavit contained only unparticularised assertions of procedural error and breach of natural justice and did not disclose an arguable case that the Tribunal made a jurisdictional error.

Jurisdiction
Australia
Judgment Date
09 November 2005
Procedural Posture
Application for Orders Nisi Seeking Relief in Respect of a Refugee Review Tribunal Decision Under the Migration Act 1958 (cth) / Application Dealt With on the Papers After Remittal From the High Court of Australia
Outcome
Application for orders nisi refused.
Legal Topics
['protection Visa' 'refugee Review Tribunal Review' 'jurisdictional Error' 'natural Justice' 'procedural Fairness' 'orders Nisi']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal Review' 'jurisdictional Error' 'natural Justice' 'procedural Fairness' 'orders Nisi']

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Procedural Posture

Application for Orders Nisi Seeking Relief in Respect of a Refugee Review Tribunal Decision Under the Migration Act 1958 (cth) / Application Dealt With on the Papers After Remittal From the High Court of Australia

Legal Issues

  1. 1 ["Whether the material before the Court disclosed at least an arguable case for the grant of final relief in respect of the Tribunal's decision." 'Whether Order 51A rule 5(1) of the Federal Court Rules should be dispensed with.']

Ratio Decidendi

The application for orders nisi was refused because the grounds and affidavit contained only unparticularised assertions of procedural error and breach of natural justice and did not disclose an arguable case that the Tribunal made a jurisdictional error.

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.']