S295 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1602

S295 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1602

The material before the Court did not disclose any arguable case for the grant of constitutional writ relief in respect of the Tribunal's decision, nor any arguable case that the Tribunal fell into jurisdictional error in making its decision. Accordingly, the application for order nisi is refused.

Jurisdiction
Australia
Judgment Date
09 November 2005
Procedural Posture
Judicial Review / Application for Order Nisi Refused
Outcome
application for order nisi refused
Legal Topics
['protection Visa' 'judicial Review' 'jurisdictional Error' 'natural Justice']
['immigration Law' 'administrative Law'] ['protection Visa' 'judicial Review' 'jurisdictional Error' 'natural Justice']

Case Brief

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Procedural Posture

Judicial Review / Application for Order Nisi Refused

Legal Issues

  1. 1 ['Whether there was jurisdictional error by the Refugee Review Tribunal in refusing a protection visa' 'Whether material before the court discloses an arguable case for constitutional writ relief' "Whether there was a breach of natural justice or other reviewable error in the Tribunal's decision"]

Ratio Decidendi

The material before the Court did not disclose any arguable case for the grant of constitutional writ relief in respect of the Tribunal's decision, nor any arguable case that the Tribunal fell into jurisdictional error in making its decision. Accordingly, the application for order nisi is refused.

Court Disposition

application for order nisi refused

Orders

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