S1797 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1592

S1797 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1592

The material before the Court did not disclose an arguable case that the Tribunal had fallen into jurisdictional error in making its decision, because the applicant's affidavit and draft grounds were mere assertions and did not contain evidence of facts supporting the relief claimed. The application for orders nisi was therefore refused.

Jurisdiction
Australia
Judgment Date
09 November 2005
Procedural Posture
Application for Orders Nisi Seeking Relief in Respect of a Refugee Review Tribunal Decision Concerning a Protection Visa Under the Migration Act 1958 (cth) / Dealt With on the Papers After Remittal From the High Court; Determination Whether There Was an Arguable Case for the Grant of Relief Claimed by the Draft Order Nisi
Outcome
Application for orders nisi refused.
Legal Topics
['protection Visa' 'refugee Review Tribunal Review' 'jurisdictional Error' 'procedural Fairness' 'orders Nisi' 'dealing With Matter on the Papers']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal Review' 'jurisdictional Error' 'procedural Fairness' 'orders Nisi' 'dealing With Matter on the Papers']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Orders Nisi Seeking Relief in Respect of a Refugee Review Tribunal Decision Concerning a Protection Visa Under the Migration Act 1958 (cth) / Dealt With on the Papers After Remittal From the High Court; Determination Whether There Was an Arguable Case for the Grant of Relief Claimed by the Draft Order Nisi

Legal Issues

  1. 1 ["Whether the applicant's material disclosed an arguable case that the Refugee Review Tribunal fell into jurisdictional error by failing to accord procedural fairness." 'Whether Order 51A rule 5(1) of the Federal Court Rules should be dispensed with and the matter dealt with on the papers.']

Ratio Decidendi

The material before the Court did not disclose an arguable case that the Tribunal had fallen into jurisdictional error in making its decision, because the applicant's affidavit and draft grounds were mere assertions and did not contain evidence of facts supporting the relief claimed. The application for orders nisi was therefore refused.

Court Disposition

Application for orders nisi refused.

Orders

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