S366 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1590

S366 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1590

The application was refused because the draft order nisi and affidavit contained only unparticularised assertions and did not provide material showing an arguable case that the Tribunal committed jurisdictional error or otherwise supporting the grant of final relief.

Jurisdiction
Australia
Judgment Date
09 November 2005
Procedural Posture
Application for Orders Nisi Seeking Relief in Respect of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Determined on the Papers After Remittal From the High Court; Application for Orders Nisi Refused
Outcome
Application for orders nisi refused.
Legal Topics
['protection Visa' 'refugee Review Tribunal Review' 'jurisdictional Error' 'procedural Fairness' 'natural Justice' 'order Nisi']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'refugee Review Tribunal Review' 'jurisdictional Error' 'procedural Fairness' 'natural Justice' 'order Nisi']

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Procedural Posture

Application for Orders Nisi Seeking Relief in Respect of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Determined on the Papers After Remittal From the High Court; Application for Orders Nisi Refused

Legal Issues

  1. 1 ["Whether the material before the Court disclosed an arguable case for relief in respect of the Tribunal's decision." 'Whether the applicant provided evidence of facts capable of supporting alleged jurisdictional error, procedural unfairness, error of law, no evidence, or failure to follow procedures required by the Migration Act 1958 (Cth).']

Ratio Decidendi

The application was refused because the draft order nisi and affidavit contained only unparticularised assertions and did not provide material showing an arguable case that the Tribunal committed jurisdictional error or otherwise supporting the grant of final relief.

Court Disposition

Application for orders nisi refused.

Orders

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