S299 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1599

S299 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1599

The material before the Court does not disclose an arguable case that the Tribunal fell into jurisdictional error in making its decision, so relief is refused.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 November 2005
Procedural Posture
Judicial Review / Final Judgment
Outcome
application refused
Legal Topics
['protection Visa' 'natural Justice' 'jurisdictional Error' 'procedural Fairness']
['migration Law' 'administrative Law'] ['protection Visa' 'natural Justice' 'jurisdictional Error' 'procedural Fairness']

Source-derived case record

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Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal followed proper procedure under the Migration Act 1958' 'Whether the decision was made in breach of rules of natural justice' 'Whether an arguable case for jurisdictional error exists']

Ratio Decidendi

The material before the Court does not disclose an arguable case that the Tribunal fell into jurisdictional error in making its decision, so relief is refused.

Court Disposition

application refused

Orders

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