NANW v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1128

NANW v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1128

The stated grounds did not isolate any appropriate or proper ground under s 39B of the Judiciary Act 1903 (Cth), and even construed as liberally as possible no basis was shown on which they could survive s 474 of the Migration Act 1958 (Cth). Given the applicant's inability to present substantive argument and the carefully considered and reasoned Refugee Review Tribunal decision, the application was hopeless and had to be dismissed.

Jurisdiction
Australia
Judgment Date
03 September 2002
Procedural Posture
Application Pursuant to S 39 B of the Judiciary Act 1903 (cth) Arising Out of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Final Hearing and Judgment
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'privative Clause' 'costs' 'shadow Advisers']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'privative Clause' 'costs' 'shadow Advisers']

Case Brief

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Procedural Posture

Application Pursuant to S 39 B of the Judiciary Act 1903 (cth) Arising Out of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Final Hearing and Judgment

Legal Issues

  1. 1 ['Whether the applicant identified any appropriate or proper ground pursuant to s 39B of the Judiciary Act 1903 (Cth).' 'Whether the grounds could survive the application of s 474 of the Migration Act 1958 (Cth).' 'Whether the application should be dismissed as hopeless.']

Ratio Decidendi

The stated grounds did not isolate any appropriate or proper ground under s 39B of the Judiciary Act 1903 (Cth), and even construed as liberally as possible no basis was shown on which they could survive s 474 of the Migration Act 1958 (Cth). Given the applicant's inability to present substantive argument and the carefully considered and reasoned Refugee Review Tribunal decision, the application was hopeless and had to be dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed.' 'The applicant pay the costs of the respondent of the application.']