S528 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1390

S528 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1390

The application for orders nisi was refused as there was no response from the applicant, evidence was provided that the applicant had left Australia, and it was appropriate to accede to the Minister's request.

Jurisdiction
Australia
Judgment Date
28 September 2005
Procedural Posture
Judicial Review / Final Determination
Outcome
Application refused
Legal Topics
['protection Visa' 'constitutional Writ Relief' 'judicial Review']
['immigration Law' 'administrative Law'] ['protection Visa' 'constitutional Writ Relief' 'judicial Review']

Case Brief

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Procedural Posture

Judicial Review / Final Determination

Legal Issues

  1. 1 ['Whether there is an arguable case for the grant of relief claimed by the draft order nisi' "Whether the decision of the Refugee Review Tribunal and Minister's delegate was reviewable"]

Ratio Decidendi

The application for orders nisi was refused as there was no response from the applicant, evidence was provided that the applicant had left Australia, and it was appropriate to accede to the Minister's request.

Court Disposition

Application refused

Orders

  • ['Order 51A rule 5(1) not apply to the proceeding.' 'The application for orders nisi be refused.' 'The applicant pay the costs of the first respondent in the sum of $1,200.' "The first respondent forward written notice of these orders and of the terms of Order 35 Rule 7 to the applicant's last known address."]