S342 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1682

The material before the court does not disclose an arguable case for jurisdictional error in the Tribunal's decision; mere assertions and lack of particulars are insufficient to justify relief.

Jurisdiction: Australia
Judgment Date: 23 November 2005
Procedural Posture: Judicial Review / Final Determination
Outcome: application refused
Legal Topics: ['protection Visa' 'judicial Review' 'procedural Fairness' 'natural Justice' 'jurisdictional Error']

['immigration Law'] ['protection Visa' 'judicial Review' 'procedural Fairness' 'natural Justice' 'jurisdictional Error']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Judicial Review / Final Determination

Legal Issues

1 ['Whether the Refugee Review Tribunal and the Minister failed to follow proper procedure under the Migration Act 1958' 'Whether decisions were affected by procedural fairness and natural justice errors' "Whether jurisdictional error occurred in the Tribunal's decision" 'Whether there was evidence or material to justify the decisions']

Ratio Decidendi

The material before the court does not disclose an arguable case for jurisdictional error in the Tribunal's decision; mere assertions and lack of particulars are insufficient to justify relief.

Court Disposition

application refused

Orders

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