S325 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1594

S325 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1594

The material before the Court does not support any arguable basis for the making of orders to quash the decision of the delegate or restrain the Minister from acting; no jurisdictional error or procedural unfairness established; s 486A of the Act does not apply to the decision in question.

Jurisdiction
Australia
Judgment Date
09 November 2005
Procedural Posture
Judicial Review / Determination of Application for Orders Nisi
Outcome
application refused
Legal Topics
['procedural Fairness' 'jurisdictional Error' 'natural Justice' 'constitutional Validity of Limitation Period']
['administrative Law' 'migration Law'] ['procedural Fairness' 'jurisdictional Error' 'natural Justice' 'constitutional Validity of Limitation Period']

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Procedural Posture

Judicial Review / Determination of Application for Orders Nisi

Legal Issues

  1. 1 ['Whether the Tribunal committed jurisdictional error or failed to provide procedural fairness' 'Whether the applicant was denied natural justice' 'Whether s 486A of the Migration Act 1958 (Cth) is constitutionally invalid']

Ratio Decidendi

The material before the Court does not support any arguable basis for the making of orders to quash the decision of the delegate or restrain the Minister from acting; no jurisdictional error or procedural unfairness established; s 486A of the Act does not apply to the decision in question.

Court Disposition

application refused

Orders

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