Applicant S317 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1886

Applicant S317 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1886

There is no arguable case that the Refugee Review Tribunal denied the applicant procedural fairness, acted unreasonably, or made findings not open on the evidence. The Tribunal did not refer to the DIMA country information and was entitled to give the evidence the weight it saw fit. There is no evidence of bias or any other jurisdictional error.

Parties
Applicant: Applicant S317 of 2003; First Respondent: Minister for Immigration, Multicultural and Indigenous Affairs; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
29 September 2005
Procedural Posture
Judicial Review / Application for Order Nisi
Outcome
Application for orders nisi refused
Legal Topics
Protection Visas, Procedural Fairness, Jurisdictional Error, Natural Justice
Migration Law Administrative Law Protection Visas Procedural Fairness Jurisdictional Error Natural Justice

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Applicant S317 of 2003

Applicant

Minister for Immigration, Multicultural and Indigenous Affairs

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Judicial Review / Application for Order Nisi

Legal Issues

  1. 1 Whether the Refugee Review Tribunal denied the applicant procedural fairness in relying on country information not provided to the applicant
  2. 2 Whether the Tribunal's decision was unreasonable or affected by jurisdictional error, bad faith, bias, or failure to consider relevant considerations
  3. 3 Whether the applicant suffered persecution for a Convention reason under the Migration Act 1958 (Cth)

Ratio Decidendi

There is no arguable case that the Refugee Review Tribunal denied the applicant procedural fairness, acted unreasonably, or made findings not open on the evidence. The Tribunal did not refer to the DIMA country information and was entitled to give the evidence the weight it saw fit. There is no evidence of bias or any other jurisdictional error.

Court Disposition

Application for orders nisi refused

Orders

  • Order 51A rule 5(1) not apply
  • The application for orders nisi be refused