S1793 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1607

S1793 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1607

There is no material before the Court capable of supporting the allegations of denial of procedural fairness, and accordingly there is no arguable case for the grant of constitutional writ relief; therefore, the application for order nisi is refused.

Parties
Applicant: S1793 of 2003; First Respondent: Minister for Immigration & Multicultural & Indigenous Affairs; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
09 November 2005
Procedural Posture
Judicial Review Application / Application for Order Nisi Refused
Outcome
application for order nisi refused
Legal Topics
Judicial Review, Procedural Fairness, Refugee Status Determination
Administrative Law Immigration Law Judicial Review Procedural Fairness Refugee Status Determination

Case Brief

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Parties

S1793 of 2003

Applicant

Minister for Immigration & Multicultural & Indigenous Affairs

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Judicial Review Application / Application for Order Nisi Refused

Legal Issues

  1. 1 Whether the Refugee Review Tribunal committed jurisdictional error by failing to accord procedural fairness to the applicant
  2. 2 Whether there was an arguable case for constitutional writ relief in respect of the Tribunal's decision

Ratio Decidendi

There is no material before the Court capable of supporting the allegations of denial of procedural fairness, and accordingly there is no arguable case for the grant of constitutional writ relief; therefore, the application for order nisi is refused.

Court Disposition

application for order nisi refused

Orders

  • Order 51A rule 5(1) not apply to the proceeding
  • The application for orders nisi be refused