S132, in the matter of an application for a Writ of Prohibition and a Writ of Certiorari against Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1708

S132, in the matter of an application for a Writ of Prohibition and a Writ of Certiorari against Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1708

No arguable case of jurisdictional error or breach of natural justice was established; discretion not exercised given unsatisfactory delays; Anshun estoppel applied, denying relief to applicant.

Parties
Applicant: S132; First Respondent: Minister for Immigration & Multicultural & Indigenous Affairs; Second Respondent: Principal Member of the Refugee Review Tribunal; Third Respondent: L. Hardy Member of the Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
02 November 2004
Procedural Posture
Application for Writs of Mandamus, Certiorari and Injunctions / Final Judgment
Outcome
Application dismissed with costs
Legal Topics
Judicial Review, Natural Justice, Jurisdictional Error, Anshun Estoppel
Administrative Law Migration Law Judicial Review Natural Justice Jurisdictional Error Anshun Estoppel

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Parties

S132

Applicant

Minister for Immigration & Multicultural & Indigenous Affairs

First Respondent

Principal Member of the Refugee Review Tribunal

Second Respondent

L. Hardy Member of the Refugee Review Tribunal

Third Respondent

Procedural Posture

Application for Writs of Mandamus, Certiorari and Injunctions / Final Judgment

Legal Issues

  1. 1 Whether the Refugee Review Tribunal committed jurisdictional error
  2. 2 Whether there was a breach of the rules of natural justice
  3. 3 Whether discretion should be exercised given delays

Ratio Decidendi

No arguable case of jurisdictional error or breach of natural justice was established; discretion not exercised given unsatisfactory delays; Anshun estoppel applied, denying relief to applicant.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Costs assessed at $3,000 payable by applicant