S1775 Of 2003 v Refugee Review Tribunal [2004] FCA 872

There was no evidence before the Court to indicate any arguable case for constitutional writ relief in respect of the Tribunal's decisions; thus, orders nisi were refused.

Parties: Applicant: S1775 of 2003; First Respondent: Refugee Review Tribunal; Second Respondent: Minister for Immigration & Multicultural & Indigenous Affairs
Jurisdiction: Australia
Judgment Date: 30 April 2004
Procedural Posture: Application for Constitutional Writ Relief/remittal / Application for Order Nisi/refusal of Order Nisi
Outcome: Application for order nisi refused
Legal Topics: Constitutional Writs, Procedural Fairness, Natural Justice, Refusal of Protection Visa

Administrative Law Migration Law Constitutional Writs Procedural Fairness Natural Justice Refusal of Protection Visa

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Parties

S1775 of 2003

Applicant

Refugee Review Tribunal

First Respondent

Minister for Immigration & Multicultural & Indigenous Affairs

Second Respondent

Procedural Posture

Application for Constitutional Writ Relief/remittal / Application for Order Nisi/refusal of Order Nisi

Legal Issues

1 Whether the Tribunal's decision was beyond jurisdiction
2 Whether there was a denial of procedural fairness or breach of natural justice by the Tribunal
3 Whether procedures required by law under the Migration Act 1958 were not observed

Ratio Decidendi

There was no evidence before the Court to indicate any arguable case for constitutional writ relief in respect of the Tribunal's decisions; thus, orders nisi were refused.

Court Disposition

Application for order nisi refused

Orders

Order 51A rule 5(1) of the Federal Court Rules does not apply
The application for an order nisi is refused