S338 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1680

S338 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1680

The material before the Court contained no particulars and did not disclose an arguable case that the Tribunal fell into jurisdictional error in making its decision of 18 December 2000; accordingly, the application for order nisi was refused.

Jurisdiction
Australia
Judgment Date
23 November 2005
Procedural Posture
Application for Order Nisi in a Migration Matter / Remitted From the High Court; Dealt With on the Papers; Application for Order Nisi Refused
Outcome
Application for order nisi refused.
Legal Topics
['protection Visa' 'refugee Review Tribunal Review' 'jurisdictional Error' 'natural Justice' 'procedural Fairness' 'order Nisi']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal Review' 'jurisdictional Error' 'natural Justice' 'procedural Fairness' 'order Nisi']

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Procedural Posture

Application for Order Nisi in a Migration Matter / Remitted From the High Court; Dealt With on the Papers; Application for Order Nisi Refused

Legal Issues

  1. 1 ['Whether the material before the Court showed an arguable case for the grant of final relief claimed by the draft order nisi.' "Whether it was arguable that the Refugee Review Tribunal fell into jurisdictional error in affirming the delegate's refusal of the applicant's Protection (Class XA) Visa application."]

Ratio Decidendi

The material before the Court contained no particulars and did not disclose an arguable case that the Tribunal fell into jurisdictional error in making its decision of 18 December 2000; accordingly, the application for order nisi was refused.

Court Disposition

Application for order nisi refused.

Orders

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