S1741 of 2003 v Refugee Review Tribunal [2004] FCA 871

S1741 of 2003 v Refugee Review Tribunal [2004] FCA 871

The Court refused the order nisi because the applicants' solicitor had no contact and no instructions, could not indicate how contact would be made, the affidavit contained no evidence supporting the relief claimed, nothing had happened for nearly twelve months, and there was no utility in granting further time.

Jurisdiction
Australia
Judgment Date
30 April 2004
Procedural Posture
Application for Prerogative Writ Relief in Respect of Refugee Review Tribunal Decisions Concerning Protection Visas / On Remittal From the High Court of Australia; Order Nisi Refused
Outcome
Order nisi refused; applicants to pay the Minister's costs of the proceeding.
Legal Topics
['refugee Review Tribunal' 'protection Visa' 'order Nisi' 'prerogative Writ Relief' 'adjournment' 'costs']
['administrative Law' 'migration Law' 'refugee Law' 'federal Court Procedure'] ['refugee Review Tribunal' 'protection Visa' 'order Nisi' 'prerogative Writ Relief' 'adjournment' 'costs']

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Procedural Posture

Application for Prerogative Writ Relief in Respect of Refugee Review Tribunal Decisions Concerning Protection Visas / On Remittal From the High Court of Australia; Order Nisi Refused

Legal Issues

  1. 1 ["Whether further time or an adjournment should be granted where the applicants' solicitor had no contact and no instructions from the applicants." 'Whether the draft order nisi should be refused where the affidavit provided no evidence supporting the relief claimed.']

Ratio Decidendi

The Court refused the order nisi because the applicants' solicitor had no contact and no instructions, could not indicate how contact would be made, the affidavit contained no evidence supporting the relief claimed, nothing had happened for nearly twelve months, and there was no utility in granting further time.

Court Disposition

Order nisi refused; applicants to pay the Minister's costs of the proceeding.

Orders

  • ['Order 51A r 5(1) of the Federal Court Rules not apply.' 'The Order nisi be refused.' "The applicant pay the Minister's costs of the proceeding."]