Applicants S1560 of 2003 v Refugee Review Tribunal [2003] FCA 1619

Applicants S1560 of 2003 v Refugee Review Tribunal [2003] FCA 1619

The proceeding should be dismissed and costs ordered against the adult applicants because the applicants failed to comply with court directions and the principal claim did not establish a well-founded fear of persecution for a Convention reason.

Parties
Applicants: Applicants S1560 of 2003; First Respondent: Refugee Review Tribunal; Second Respondent: Minister for Immigration & Multicultural & Indigenous Affairs
Jurisdiction
Australia
Judgment Date
04 December 2003
Procedural Posture
Judicial Review / Final Judgment
Outcome
proceeding dismissed
Legal Topics
Protection Visa, Judicial Review, Costs
Migration Law Administrative Law Protection Visa Judicial Review Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Applicants S1560 of 2003

Applicants

Refugee Review Tribunal

First Respondent

Minister for Immigration & Multicultural & Indigenous Affairs

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the applicants are entitled to protection visas under the Migration Act 1958 (Cth)
  2. 2 Whether the proceeding should be dismissed for failure to comply with court directions

Ratio Decidendi

The proceeding should be dismissed and costs ordered against the adult applicants because the applicants failed to comply with court directions and the principal claim did not establish a well-founded fear of persecution for a Convention reason.

Court Disposition

proceeding dismissed

Orders

  • Leave granted to file a notice of discontinuance in the form now filed.
  • Proceeding dismissed.