S367 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1589

S367 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1589

The application for orders nisi was refused because the draft order nisi and affidavit contained only unparticularised assertions and no evidence of facts showing an arguable case that the Tribunal made a jurisdictional error warranting final relief.

Jurisdiction
Australia
Judgment Date
09 November 2005
Procedural Posture
Application for Orders Nisi Concerning a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Remitted From the High Court of Australia and Determined on the Papers
Outcome
Application for orders nisi refused.
Legal Topics
['protection Visa' 'refugee Review Tribunal Review' 'jurisdictional Error' 'procedural Fairness' 'orders Nisi']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal Review' 'jurisdictional Error' 'procedural Fairness' 'orders Nisi']

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Procedural Posture

Application for Orders Nisi Concerning a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Remitted From the High Court of Australia and Determined on the Papers

Legal Issues

  1. 1 ["Whether the material before the Court disclosed an arguable case for the grant of final relief in respect of the Tribunal's Decision." 'Whether Order 51A rule 5(1) of the Federal Court Rules should be dispensed with and the matter dealt with on the papers.']

Ratio Decidendi

The application for orders nisi was refused because the draft order nisi and affidavit contained only unparticularised assertions and no evidence of facts showing an arguable case that the Tribunal made a jurisdictional error warranting 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.']