Applicant S56 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 444

Applicant S56 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 444

There was no evidence that the Secretary failed to give relevant documents to the Registrar as required by s 418(3), nor that any such failure would entitle the applicant to relief. No denial of procedural fairness occurred as the applicant did not establish reliance to his disadvantage on RRT communications, nor that he was misled as to what documents had been considered.

Parties
Applicant: Applicant S56 of 2002; First Respondent: Refugee Review Tribunal; Second Respondent: Minister for Immigration and Multicultural and Indigenous Affairs
Jurisdiction
Australia
Judgment Date
16 April 2004
Procedural Posture
Application for Constitutional Writs (order Nisi, Mandamus, Injunction, Certiorari) / Judgment on Application; Refusal of Order Nisi
Outcome
Application for order nisi refused; costs awarded to respondents; extension of time for leave to appeal granted.
Legal Topics
Natural Justice, Procedural Fairness, Section 418 of the Migration Act 1958 (cth)
Administrative Law Migration Law Natural Justice Procedural Fairness Section 418 of the Migration Act 1958 (cth)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Applicant S56 of 2002

Applicant

Refugee Review Tribunal

First Respondent

Minister for Immigration and Multicultural and Indigenous Affairs

Second Respondent

Procedural Posture

Application for Constitutional Writs (order Nisi, Mandamus, Injunction, Certiorari) / Judgment on Application; Refusal of Order Nisi

Legal Issues

  1. 1 Whether failure by Secretary to provide certain documents under s 418(3) Migration Act 1958 (Cth) was established and would entitle applicant to relief
  2. 2 Whether the applicant was denied natural justice by the RRT allegedly misrepresenting that it had considered all material

Ratio Decidendi

There was no evidence that the Secretary failed to give relevant documents to the Registrar as required by s 418(3), nor that any such failure would entitle the applicant to relief. No denial of procedural fairness occurred as the applicant did not establish reliance to his disadvantage on RRT communications, nor that he was misled as to what documents had been considered.

Court Disposition

Application for order nisi refused; costs awarded to respondents; extension of time for leave to appeal granted.

Orders

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