S365 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1611

S365 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1611

The applicant did not establish an arguable case for an order nisi because no evidence supported the asserted procedural unfairness under Muin, no evidence supported the assertion that the RRT relied on a controversial DFAT report or ignored additional evidence, and the RRT decision itself did not refer to a DFAT report but addressed material lodged on the applicant's behalf and rejected the protection visa claim on credibility and profile grounds.

Jurisdiction
Australia
Judgment Date
09 November 2005
Procedural Posture
Application for an Order Nisi Following a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Consideration on the Papers of Whether an Arguable Case for an Order Nisi Had Been Made Out
Outcome
Application for an order nisi refused.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'order Nisi' 'procedural Fairness' 'transfer From High Court to Federal Court']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'order Nisi' 'procedural Fairness' 'transfer From High Court to Federal Court']

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Procedural Posture

Application for an Order Nisi Following a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Consideration on the Papers of Whether an Arguable Case for an Order Nisi Had Been Made Out

Legal Issues

  1. 1 ['Whether the applicant had shown an arguable case for the Court to make an order nisi.' 'Whether the applicant established facts capable of supporting a want of procedural fairness by reference to Muin v Refugee Review Tribunal.' "Whether there was evidence supporting the applicant's assertion that the Refugee Review Tribunal relied on a controversial DFAT report and ignored additional evidence."]

Ratio Decidendi

The applicant did not establish an arguable case for an order nisi because no evidence supported the asserted procedural unfairness under Muin, no evidence supported the assertion that the RRT relied on a controversial DFAT report or ignored additional evidence, and the RRT decision itself did not refer to a DFAT report but addressed material lodged on the applicant's behalf and rejected the protection visa claim on credibility and profile grounds.

Court Disposition

Application for an order nisi refused.

Orders

  • ['Subrule (1) of Order 51A rule 5 of the Federal Court Rules does not apply to this application.' 'The application for an order nisi be refused.']