NADU v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 571

NADU v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 571

Given the matters raised fall within known issues and do not present general importance, no injustice would arise from transfer, and the Federal Magistrates Court could list the matter more promptly, transfer is appropriate.

Jurisdiction
Australia
Judgment Date
02 May 2002
Procedural Posture
Application for Review of Refugee Review Tribunal Decision / Transfer Application Determination
Outcome
matter transferred to the Federal Magistrates Court; costs in the cause
Legal Topics
['transfer of Proceedings' 'jurisdiction of Federal Magistrates Court' 'review of Refugee Review Tribunal Decisions']
['migration Law' 'administrative Law'] ['transfer of Proceedings' 'jurisdiction of Federal Magistrates Court' 'review of Refugee Review Tribunal Decisions']

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Procedural Posture

Application for Review of Refugee Review Tribunal Decision / Transfer Application Determination

Legal Issues

  1. 1 ['Whether the proceeding should be transferred to the Federal Magistrates Court' 'Consideration of relevant rules and jurisdictional provisions for transfer']

Ratio Decidendi

Given the matters raised fall within known issues and do not present general importance, no injustice would arise from transfer, and the Federal Magistrates Court could list the matter more promptly, transfer is appropriate.

Court Disposition

matter transferred to the Federal Magistrates Court; costs in the cause

Orders

  • ['The matter be transferred to the Federal Magistrates Court.' 'Costs of today and costs hitherto be costs in the cause.']