Liminthonphan v Minister for Immigration & Multicultural Affairs [2001] FCA 1845

Liminthonphan v Minister for Immigration & Multicultural Affairs [2001] FCA 1845

The application was dismissed because the applicant did not appear, the asserted grounds were unparticularised, and the Court's reading of the Tribunal's reasons did not disclose any improper exercise of power or error of law.

Jurisdiction
Australia
Judgment Date
07 September 2001
Procedural Posture
Application for an Order of Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection (class Xa) Visa / First Mentioned for Directions; Application Dismissed in the Applicant's Absence
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal Review' 'judicial Review' 'non Appearance' 'error of Law' 'improper Exercise of Power']
['administrative Law' 'migration Law' 'refugee Law'] ['protection Visa' 'refugee Review Tribunal Review' 'judicial Review' 'non Appearance' 'error of Law' 'improper Exercise of Power']

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Procedural Posture

Application for an Order of Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection (class Xa) Visa / First Mentioned for Directions; Application Dismissed in the Applicant's Absence

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal improperly exercised its powers or made an error of law.' 'Whether the application should be dismissed in the absence of the applicant.']

Ratio Decidendi

The application was dismissed because the applicant did not appear, the asserted grounds were unparticularised, and the Court's reading of the Tribunal's reasons did not disclose any improper exercise of power or error of law.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed.' "The applicant pay the respondent's costs." 'The respondent inform the applicant as soon as practicable of the provisions Order 35 Rule 7(2)(a).']