NAUE v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 856

NAUE v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 856

The appeal disclosed no apparent error by the Federal Magistrate, who dismissed the judicial review application as disclosing no arguable case against the background of earlier unsuccessful proceedings concerning the Tribunal's decision; the appeal was doomed to fail, so leave, if required, was refused and the appeal dismissed.

Jurisdiction
Australia
Judgment Date
14 June 2006
Procedural Posture
Application for Leave to Appeal or Appeal From the Federal Magistrates Court of Australia Concerning Judicial Review of a Refugee Review Tribunal Decision / Leave to Appeal and Appeal Determined
Outcome
If necessary, leave to appeal refused; appeal dismissed; appellant ordered to pay the first respondent's costs fixed at $1,100.00.
Legal Topics
['refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'no Arguable Case']
['immigration Law' 'administrative Law'] ['refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'no Arguable Case']

Case Brief

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Procedural Posture

Application for Leave to Appeal or Appeal From the Federal Magistrates Court of Australia Concerning Judicial Review of a Refugee Review Tribunal Decision / Leave to Appeal and Appeal Determined

Legal Issues

  1. 1 ["Whether leave to appeal was required from the Federal Magistrate's judgment dismissing the judicial review application as disclosing no arguable case." 'Whether the Federal Magistrate erred in dismissing the application for judicial review of the Refugee Review Tribunal decision.']

Ratio Decidendi

The appeal disclosed no apparent error by the Federal Magistrate, who dismissed the judicial review application as disclosing no arguable case against the background of earlier unsuccessful proceedings concerning the Tribunal's decision; the appeal was doomed to fail, so leave, if required, was refused and the appeal dismissed.

Court Disposition

If necessary, leave to appeal refused; appeal dismissed; appellant ordered to pay the first respondent's costs fixed at $1,100.00.

Orders

  • ['If necessary,leave to appeal is refused.' 'The appeal be dismissed.' "The applicant pay the first respondent's costs fixed in the sum of $1,100.00."]