N1208A v Minister for Immigration and Multicultural Affairs [2002] FCA 580

N1208A v Minister for Immigration and Multicultural Affairs [2002] FCA 580

The application to set aside the orders made on 26 October 2001 was dismissed because, in the exercise of discretion under O 35 r 7, the Court was not satisfied that the applicant had any arguable reviewable error or real prospect of success: there was no breach of the Migration Act 1958 (Cth), no breach of required procedures, and no breach of natural justice by the Refugee Review Tribunal.

Jurisdiction
Australia
Judgment Date
02 May 2002
Procedural Posture
Migration Application to Set Aside Orders Dismissing Application for Want of Appearance / Notice of Motion to Set Aside Orders Made on 26 October 2001 Under O 35 R 7 of the Federal Court Rules
Outcome
Application dismissed with costs.
Legal Topics
['default of Appearance' 'setting Aside Judgment or Orders Made in Absentia' 'refugee Review Tribunal Review' 'natural Justice' 'real Prospects of Success']
['migration Law' 'civil Procedure'] ['default of Appearance' 'setting Aside Judgment or Orders Made in Absentia' 'refugee Review Tribunal Review' 'natural Justice' 'real Prospects of Success']

Case Brief

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Procedural Posture

Migration Application to Set Aside Orders Dismissing Application for Want of Appearance / Notice of Motion to Set Aside Orders Made on 26 October 2001 Under O 35 R 7 of the Federal Court Rules

Legal Issues

  1. 1 ['Whether the orders made on 26 October 2001 dismissing the application for default of appearance should be set aside under O 35 r 7 of the Federal Court Rules.' 'Whether the applicant had any real prospects of success in challenging the Refugee Review Tribunal decision.' 'Whether the Refugee Review Tribunal breached the Migration Act 1958 (Cth), procedures required for a hearing, or principles of natural justice.']

Ratio Decidendi

The application to set aside the orders made on 26 October 2001 was dismissed because, in the exercise of discretion under O 35 r 7, the Court was not satisfied that the applicant had any arguable reviewable error or real prospect of success: there was no breach of the Migration Act 1958 (Cth), no breach of required procedures, and no breach of natural justice by the Refugee Review Tribunal.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application is dismissed.' "The applicant to pay the respondent's costs."]