Applicant S251 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1776

Applicant S251 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1776

The application for orders nisi was refused because the applicant's affidavit and written argument did not disclose an arguable case for relief: the affidavit contained no evidence of facts supporting jurisdictional error, and the written argument consisted of unsubstantiated assertions and did not demonstrate an arguable case.

Jurisdiction
Australia
Judgment Date
07 December 2005
Procedural Posture
Application for Orders Nisi in Relation to a Protection Visa Decision Under the Migration Act 1958 (cth) / Remitted From the High Court of Australia; Application for Orders Nisi Determined Without Oral Hearing
Outcome
Application for orders nisi refused; Order 51A rule 5(1) not to apply to the proceeding.
Legal Topics
['protection Visa' 'refugee Review Tribunal Review' 'order Nisi' 'jurisdictional Error' 'natural Justice' 'procedural Fairness']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal Review' 'order Nisi' 'jurisdictional Error' 'natural Justice' 'procedural Fairness']

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Procedural Posture

Application for Orders Nisi in Relation to a Protection Visa Decision Under the Migration Act 1958 (cth) / Remitted From the High Court of Australia; Application for Orders Nisi Determined Without Oral Hearing

Legal Issues

  1. 1 ['Whether the material before the Court disclosed an arguable case for the grant of the final relief claimed by the draft order nisi.' "Whether the applicant's affidavit and written argument provided evidence of facts capable of supporting an arguable case that the Tribunal fell into jurisdictional error."]

Ratio Decidendi

The application for orders nisi was refused because the applicant's affidavit and written argument did not disclose an arguable case for relief: the affidavit contained no evidence of facts supporting jurisdictional error, and the written argument consisted of unsubstantiated assertions and did not demonstrate an arguable case.

Court Disposition

Application for orders nisi refused; Order 51A rule 5(1) not to apply to the proceeding.

Orders

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