NBIZ v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 757

NBIZ v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 757

Leave to appeal was refused because the applicant identified no error by the Federal Magistrate and no jurisdictional error or bad faith by the Refugee Review Tribunal. The Tribunal's reasons disclosed no jurisdictional error, so its decision remained a privative clause decision and the out-of-time judicial review...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 June 2005
Procedural Posture
Migration Judicial Review; Application for Leave to Appeal / Application for Leave to Appeal Against a Federal Magistrate's Decision Upholding an Objection to Competency and Dismissing the Application for Judicial Review
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'privative Clause Decision' 'jurisdictional Error' 'bad Faith' 'extension or Competency of Out of Time Judicial Review' 'leave to Appeal']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'privative Clause Decision' 'jurisdictional Error' 'bad Faith' 'extension or Competency of Out of Time Judicial Review' 'leave to Appeal']

Source-derived case record

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Procedural Posture

Migration Judicial Review; Application for Leave to Appeal / Application for Leave to Appeal Against a Federal Magistrate's Decision Upholding an Objection to Competency and Dismissing the Application for Judicial Review

Legal Issues

  1. 1 ['Whether the application for leave to appeal should be granted' "Whether the out-of-time judicial review application was competent because the Refugee Review Tribunal's decision was not a privative clause decision" 'Whether the Refugee Review Tribunal made a jurisdictional error or acted in bad faith' "Whether the Federal Magistrate erred in upholding the respondent's objection to competency"]

Ratio Decidendi

Leave to appeal was refused because the applicant identified no error by the Federal Magistrate and no jurisdictional error or bad faith by the Refugee Review Tribunal. The Tribunal's reasons disclosed no jurisdictional error, so its decision remained a privative clause decision and the out-of-time judicial review application was incompetent.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant pay the respondent's costs of the application."]