S1729 of 2003 v Refugee Review Tribunal [2004] FCA 1775

S1729 of 2003 v Refugee Review Tribunal [2004] FCA 1775

No good reason was advanced for the reconsideration of the order previously made; the motion to reinstate the proceeding was misconceived and should be dismissed.

Parties
Applicant: S1729 OF 2003; First Respondent: Refugee Review Tribunal; Second Respondent: Minister for Immigration, Multicultural & Indigenous Affairs
Jurisdiction
Australia
Judgment Date
23 April 2004
Procedural Posture
Judicial Review / Motion for Reinstatement After Prior Dismissal
Outcome
Motion dismissed
Legal Topics
Migration, Reinstatement of Proceedings, Judicial Review
Administrative Law Migration Reinstatement of Proceedings Judicial Review

Case Brief

Summary, issues, holding and outcome

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Parties

S1729 OF 2003

Applicant

Refugee Review Tribunal

First Respondent

Minister for Immigration, Multicultural & Indigenous Affairs

Second Respondent

Procedural Posture

Judicial Review / Motion for Reinstatement After Prior Dismissal

Legal Issues

  1. 1 Whether good reason exists to reinstate dismissed proceedings
  2. 2 Whether the affidavit in support is misleading

Ratio Decidendi

No good reason was advanced for the reconsideration of the order previously made; the motion to reinstate the proceeding was misconceived and should be dismissed.

Court Disposition

Motion dismissed

Orders

  • The motion be dismissed.
  • The applicant pay the second respondent's costs of the motion.