Applicant S353 of 2003 v Refugee Review Tribunal [2005] FCA 1757

Applicant S353 of 2003 v Refugee Review Tribunal [2005] FCA 1757

The affidavit, draft order nisi and written submissions disclosed no arguable ground of jurisdictional error. The applicant's submissions were largely irrelevant to the challenge, and the only arguable allegation, bias, was unsupported and not apparent from the Tribunal's reasons. The application for an order nisi was therefore dismissed.

Jurisdiction
Australia
Judgment Date
29 November 2005
Procedural Posture
Application for an Order Nisi Challenging a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / On Remittal From the High Court of Australia; Application Dismissed
Outcome
Application for an order nisi dismissed; respondent parties amended; applicant ordered to pay the Minister's costs fixed at $1500.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'bias' 'privative Clause Decision']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'bias' 'privative Clause Decision']

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Procedural Posture

Application for an Order Nisi Challenging a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / On Remittal From the High Court of Australia; Application Dismissed

Legal Issues

  1. 1 ["Whether the applicant established an arguable ground of jurisdictional error in the Tribunal's decision" 'Whether the allegation of bias provided a basis for an order nisi']

Ratio Decidendi

The affidavit, draft order nisi and written submissions disclosed no arguable ground of jurisdictional error. The applicant's submissions were largely irrelevant to the challenge, and the only arguable allegation, bias, was unsupported and not apparent from the Tribunal's reasons. The application for an order nisi was therefore dismissed.

Court Disposition

Application for an order nisi dismissed; respondent parties amended; applicant ordered to pay the Minister's costs fixed at $1500.

Orders

  • ['The Secretary of the Department of Immigration and Multicultural and Indigenous Affairs and the Commonwealth of Australia be removed as respondents to the proceedings.' 'The Minister for Immigration and Multicultural and Indigenous Affairs be added as the second respondent to the proceedings.' 'The application for...