S292 of 2003 v Refugee Review Tribunal [2005] FCA 1609
The applicant has not disclosed an arguable case that the Tribunal failed to alert him to adverse material so as to amount to jurisdictional error or a denial of natural justice. Accordingly, orders nisi should be refused.
- Jurisdiction
- Australia
- Judgment Date
- 09 November 2005
- Procedural Posture
- Judicial Review / Motion for Orders Nisi, Considered on the Papers After High Court Remittal
- Outcome
- Application for orders nisi refused; Order 51A rule 5(1) not to apply.
- Legal Topics
- ['protection Visas' 'natural Justice' 'jurisdictional Error' 'procedural Fairness']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Judicial Review / Motion for Orders Nisi, Considered on the Papers After High Court Remittal
Legal Issues
- 1 ['Whether the Refugee Review Tribunal denied the applicant natural justice or procedural fairness' "Whether the Tribunal's decision constituted jurisdictional error" "Whether the applicant was entitled to orders nisi for relief against the Tribunal's decision"]
Ratio Decidendi
The applicant has not disclosed an arguable case that the Tribunal failed to alert him to adverse material so as to amount to jurisdictional error or a denial of natural justice. Accordingly, orders nisi should be refused.
Court Disposition
Application for orders nisi refused; Order 51A rule 5(1) not to apply.
Orders
- ['Order 51A rule 5(1) not apply to the proceeding.' 'The application for orders nisi be refused.']
Full Case Text
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