Applicant S326/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1649

Applicant S326/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1649

The material did not disclose any arguable case of jurisdictional error or procedural fairness breach by the Refugee Review Tribunal to justify constitutional writ relief. Accordingly, the application for order nisi must be dismissed.

Parties
Applicant: Applicant S326/2003; First Respondent: Minister for Immigration & Multicultural & Indigenous Affairs; Second Respondent: Refugee Review Tribunal; Third Respondent: Ms Philippa McIntosh Member of the Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
18 November 2005
Procedural Posture
Migration Judicial Review / Final Judgment
Outcome
application dismissed
Legal Topics
Refugee Status, Judicial Review, Jurisdictional Error, Procedural Fairness
Migration Refugee Status Judicial Review Jurisdictional Error Procedural Fairness

Case Brief

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Parties

Applicant S326/2003

Applicant

Minister for Immigration & Multicultural & Indigenous Affairs

First Respondent

Refugee Review Tribunal

Second Respondent

Ms Philippa McIntosh Member of the Refugee Review Tribunal

Third Respondent

Procedural Posture

Migration Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Refugee Review Tribunal committed jurisdictional error in affirming rejection of protection visa application
  2. 2 Whether the applicant was denied procedural fairness

Ratio Decidendi

The material did not disclose any arguable case of jurisdictional error or procedural fairness breach by the Refugee Review Tribunal to justify constitutional writ relief. Accordingly, the application for order nisi must be dismissed.

Court Disposition

application dismissed

Orders

  • The application for order nisi be dismissed.
  • The applicant pay the respondents' costs of the application.