S347 of 2003 v Refugee Review Tribunal [2005] FCA 1683

S347 of 2003 v Refugee Review Tribunal [2005] FCA 1683

No evidential material was provided by the applicant to establish an arguable case that the Tribunal had committed a jurisdictional error; therefore, the application for orders nisi must be refused.

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

Case Brief

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Procedural Posture

Judicial Review / Final Determination

  1. 1 ["Whether the applicant presented an arguable case for relief with respect to the Tribunal's decision" "Whether the material before the court demonstrates jurisdictional error in the Tribunal's decision"]

Ratio Decidendi

No evidential material was provided by the applicant to establish an arguable case that the Tribunal had committed a jurisdictional error; therefore, the application for orders nisi must be refused.

Court Disposition

application refused

Orders

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