S322 of 2003 v Refugee Review Tribunal [2005] FCA 1582

S322 of 2003 v Refugee Review Tribunal [2005] FCA 1582

There is no evidence before the Court that discloses an arguable case to support the relief claimed that the Tribunal failed to afford natural justice or committed a jurisdictional error.

Parties
Applicant: Applicant S322 of 2003; First Respondent: Refugee Review Tribunal; Second Respondent: Minister for Immigration & Multicultural & Indigenous Affairs; Third Respondent: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
09 November 2005
Procedural Posture
Judicial Review / Final Judgment
Outcome
application refused
Legal Topics
Protection Visa, Natural Justice, Jurisdictional Error
Immigration Law Administrative Law Protection Visa Natural Justice Jurisdictional Error

Case Brief

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Parties

Applicant S322 of 2003

Applicant

Refugee Review Tribunal

First Respondent

Minister for Immigration & Multicultural & Indigenous Affairs

Second Respondent

Commonwealth of Australia

Third Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Tribunal failed to afford the applicant natural justice
  2. 2 Whether there is an arguable case that the Tribunal made a jurisdictional error

Ratio Decidendi

There is no evidence before the Court that discloses an arguable case to support the relief claimed that the Tribunal failed to afford natural justice or committed a jurisdictional error.

Court Disposition

application refused

Orders

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