Applicants S252 of 2003 v Refugee Review Tribunal [2006] FCA 374

Applicants S252 of 2003 v Refugee Review Tribunal [2006] FCA 374

No jurisdictional error or denial of procedural fairness established; Tribunal discussed relevant country information with applicant and reasons were previously considered free of reviewable error; application refused.

Parties
Applicant: Applicants S252/2003; First Respondent: Refugee Review Tribunal; Second Respondent: Minister for Immigration and Multicultural and Indigenous Affairs
Jurisdiction
Australia
Judgment Date
11 April 2006
Procedural Posture
Judicial Review / Final Judgment
Outcome
application dismissed
Legal Topics
Judicial Review, Procedural Fairness, Protection Visas, Jurisdictional Error
Administrative Law Migration Law Judicial Review Procedural Fairness Protection Visas Jurisdictional Error

Case Brief

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Parties

Applicants S252/2003

Applicant

Refugee Review Tribunal

First Respondent

Minister for Immigration and Multicultural and Indigenous Affairs

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Tribunal failed to accord procedural fairness
  2. 2 Whether the Tribunal committed jurisdictional error
  3. 3 Whether the applicants were denied opportunity to comment on country information

Ratio Decidendi

No jurisdictional error or denial of procedural fairness established; Tribunal discussed relevant country information with applicant and reasons were previously considered free of reviewable error; application refused.

Court Disposition

application dismissed

Orders

  • The application for an order nisi be dismissed.
  • The applicants pay the second respondent's costs.