S254 of 2003 v Refugee Review Tribunal [2005] FCA 1610

S254 of 2003 v Refugee Review Tribunal [2005] FCA 1610

The material before the Court does not disclose an arguable case that the Tribunal fell into jurisdictional error in making the decision, and therefore the application for orders nisi is refused.

Jurisdiction
Australia
Judgment Date
09 November 2005
Procedural Posture
Judicial Review / Final Judgment
Outcome
application refused
Legal Topics
['protection Visa' 'jurisdictional Error' 'order Nisi']

Case Brief

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Procedural Posture

Judicial Review / Final Judgment

  1. 1 ['Whether there is an arguable case for grant of order nisi based on alleged jurisdictional error by the Tribunal' "Whether affidavit in support contains evidence sufficient to show Tribunal's failure to evaluate all relevant evidence"]

Ratio Decidendi

The material before the Court does not disclose an arguable case that the Tribunal fell into jurisdictional error in making the decision, and therefore the application for orders nisi is refused.

Court Disposition

application refused

Orders

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