Applicant S246 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1690

Applicant S246 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1690

The applicant was provided procedural fairness as he was given opportunity to explain discrepancies and comment on adverse material by the Refugee Review Tribunal, and there was no arguable basis for a claim to the contrary.

Parties
Applicant: Applicant S246/2003; First Respondent: Minister for Immigration and Multicultural and Indigenous Affairs; Second Respondent: Principal Member of the Refugee Review Tribunal; Third Respondent: Member of the Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
23 November 2005
Procedural Posture
Judicial Review / Final Judgment
Outcome
application refused
Legal Topics
Procedural Fairness, Refugee Protection, Protection Visa, Judicial Review
Administrative Law Migration Law Procedural Fairness Refugee Protection Protection Visa Judicial Review

Case Brief

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Parties

Applicant S246/2003

Applicant

Minister for Immigration and Multicultural and Indigenous Affairs

First Respondent

Principal Member of the Refugee Review Tribunal

Second Respondent

Member of the Refugee Review Tribunal

Third Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the applicant was denied procedural fairness by the Refugee Review Tribunal
  2. 2 Whether the Refugee Review Tribunal's findings were reasonable based on the evidence presented

Ratio Decidendi

The applicant was provided procedural fairness as he was given opportunity to explain discrepancies and comment on adverse material by the Refugee Review Tribunal, and there was no arguable basis for a claim to the contrary.

Court Disposition

application refused

Orders

  • Federal Court Rules, O 51A r 5(1) not apply to the proceeding.
  • The application for an order nisi be refused.