S331 of 2003 v Refugee Review Tribunal [2005] FCA 1604

S331 of 2003 v Refugee Review Tribunal [2005] FCA 1604

The material before the Court did not disclose an arguable case that the Tribunal committed jurisdictional error or that the broad natural justice allegation provided a basis for constitutional writ relief. It was therefore appropriate to order that Order 51A rule 5(1) not apply and to refuse the application for orders nisi.

Jurisdiction
Australia
Judgment Date
09 November 2005
Procedural Posture
Application for Orders Nisi Seeking Constitutional Writ Relief in Relation to a Refugee Review Tribunal Decision / Remitted From the High Court to the Federal Court and Determined on the Papers
Outcome
Application for orders nisi refused.
Legal Topics
['protection Visa' 'refugee Review Tribunal Review' 'natural Justice' 'jurisdictional Error' 'order Nisi' 'constitutional Writ Relief']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal Review' 'natural Justice' 'jurisdictional Error' 'order Nisi' 'constitutional Writ Relief']

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Procedural Posture

Application for Orders Nisi Seeking Constitutional Writ Relief in Relation to a Refugee Review Tribunal Decision / Remitted From the High Court to the Federal Court and Determined on the Papers

Legal Issues

  1. 1 ["Whether the material disclosed an arguable case for the grant of an order nisi or constitutional writ relief in respect of the Tribunal's decision" 'Whether the Tribunal arguably failed to afford natural justice by denying the applicant an adequate opportunity to prepare and present favourable material or respond to unfavourable material' 'Whether Order 51A rule 5(1) of the Federal Court Rules should apply to the remitted application']

Ratio Decidendi

The material before the Court did not disclose an arguable case that the Tribunal committed jurisdictional error or that the broad natural justice allegation provided a basis for constitutional writ relief. It was therefore appropriate to order that Order 51A rule 5(1) not apply and to refuse the application for orders nisi.

Court Disposition

Application for orders nisi refused.

Orders

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