Applicant S416 of 2003 v Refugee Review Tribunal [2003] FCA 1630

Applicant S416 of 2003 v Refugee Review Tribunal [2003] FCA 1630

The Court was satisfied it was proper to make the consent orders because the Tribunal had relied on country information adverse to the applicant without disclosing it to him or giving him an opportunity to comment; the Tribunal decision was therefore quashed and the matter remitted for determination according to law.

Jurisdiction
Australia
Judgment Date
05 December 2003
Procedural Posture
Application for Writs of Prohibition, Certiorari and Mandamus in Relation to a Refugee Review Tribunal Decision / Consent Orders Making Orders Nisi Absolute
Outcome
Orders made quashing the Refugee Review Tribunal decision, prohibiting action on it, remitting the matter for determination according to law, and awarding costs against the second respondent.
Legal Topics
['refugee Review Tribunal' 'procedural Fairness' 'country Information' 'writ of Prohibition' 'writ of Certiorari' 'writ of Mandamus' 'public Interest Immunity' 'apprehended Bias' 'costs']
['administrative Law' 'immigration and Refugee Law'] ['refugee Review Tribunal' 'procedural Fairness' 'country Information' 'writ of Prohibition' 'writ of Certiorari' 'writ of Mandamus' 'public Interest Immunity' 'apprehended Bias' 'costs']

Case Brief

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Procedural Posture

Application for Writs of Prohibition, Certiorari and Mandamus in Relation to a Refugee Review Tribunal Decision / Consent Orders Making Orders Nisi Absolute

Legal Issues

  1. 1 ['Whether orders should be made by consent quashing the Refugee Review Tribunal decision handed down on 22 October 2002.' 'Whether the Tribunal relied on country information adverse to the applicant without bringing it to his attention or giving him a chance to comment.' 'What costs order should be made.']

Ratio Decidendi

The Court was satisfied it was proper to make the consent orders because the Tribunal had relied on country information adverse to the applicant without disclosing it to him or giving him an opportunity to comment; the Tribunal decision was therefore quashed and the matter remitted for determination according to law.

Court Disposition

Orders made quashing the Refugee Review Tribunal decision, prohibiting action on it, remitting the matter for determination according to law, and awarding costs against the second respondent.

Orders

  • ['Order absolute be granted for a writ of prohibition prohibiting the second respondent from taking action on the decision of the first respondent handed down on 22 October 2002.' 'A writ of certiorari issue to quash the decision of the first respondent handed down on 22 October 2002.' 'In respect of the application...