Applicant S301/2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 909

Applicant S301/2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 909

Leave to appeal is granted because there is a serious question as to whether the primary judge should have appreciated the existence of a possible claim under s 424A of the Migration Act 1958, particularly given the applicant was unrepresented.

Parties
Applicant: Applicant S301/2003; First Respondent: Minister for Immigration and Multicultural and Indigenous Affairs; Second Respondent: Refugee Review Tribunal; Third Respondent: Principal Member of the Refugee Review Tribunal; Fourth Respondent: Kim Rosser, Member of the Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
20 July 2006
Procedural Posture
Application for Leave to Appeal / Leave to Appeal Granted
Outcome
leave to appeal granted
Legal Topics
Leave to Appeal, Jurisdictional Error, Migration Act 1958 S424 a, Natural Justice, Procedural Fairness, Refugee Review Tribunal Procedure
Administrative Law Migration Law Leave to Appeal Jurisdictional Error Migration Act 1958 S424 a Natural Justice Procedural Fairness Refugee Review Tribunal Procedure

Case Brief

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Parties

Applicant S301/2003

Applicant

Minister for Immigration and Multicultural and Indigenous Affairs

First Respondent

Refugee Review Tribunal

Second Respondent

Principal Member of the Refugee Review Tribunal

Third Respondent

Kim Rosser, Member of the Refugee Review Tribunal

Fourth Respondent

Procedural Posture

Application for Leave to Appeal / Leave to Appeal Granted

Legal Issues

  1. 1 whether the primary judge erred in dismissing the application for an order nisi
  2. 2 whether s 424A of the Migration Act 1958 was properly raised and considered
  3. 3 whether the applicant's claims of jurisdictional error were legitimate

Ratio Decidendi

Leave to appeal is granted because there is a serious question as to whether the primary judge should have appreciated the existence of a possible claim under s 424A of the Migration Act 1958, particularly given the applicant was unrepresented.

Court Disposition

leave to appeal granted

Orders

  • Time be extended for the filing of the application for leave to appeal up to and including 25 October 2005.
  • Leave to appeal be granted against the orders of the Court made on 29 September 2005.