Applicant S506 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 450

Applicant S506 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 450

The affidavit in support of the application for an order nisi disclosed no basis for relief, and given the history of litigation concerning the same decision, the Court refused the order nisi and imposed restrictions on further applications concerning the same Tribunal decision.

Parties
Applicant: Applicant S506 of 2003; First Respondent: Minister for Immigration & Multicultural & Indigenous Affairs; Second Respondent: Principal Member of the Refugee Review Tribunal; Third Respondent: Roslyn Smidt
Jurisdiction
Australia
Judgment Date
09 February 2004
Procedural Posture
Judicial Review Application / On Remittal From the High Court; Application for Order Nisi
Outcome
Application for order nisi refused.
Legal Topics
Judicial Review, Constitutional Writs, Immigration Decisions, Abuse of Process
Administrative Law Judicial Review Constitutional Writs Immigration Decisions Abuse of Process

Case Brief

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Parties

Applicant S506 of 2003

Applicant

Minister for Immigration & Multicultural & Indigenous Affairs

First Respondent

Principal Member of the Refugee Review Tribunal

Second Respondent

Roslyn Smidt

Third Respondent

Procedural Posture

Judicial Review Application / On Remittal From the High Court; Application for Order Nisi

Legal Issues

  1. 1 Whether relief should be granted by way of order nisi regarding the Refugee Review Tribunal decision of 14 January 2002 given prior litigation and lack of disclosed grounds.

Ratio Decidendi

The affidavit in support of the application for an order nisi disclosed no basis for relief, and given the history of litigation concerning the same decision, the Court refused the order nisi and imposed restrictions on further applications concerning the same Tribunal decision.

Court Disposition

Application for order nisi refused.

Orders

  • The application for an order nisi be refused.
  • The applicant pay the Minister's costs.