S1811 of 2003 v Refugee Review Tribunal [2004] FCA 866

S1811 of 2003 v Refugee Review Tribunal [2004] FCA 866

The Court refused further time to file evidence and refused the application for an order nisi because the applicant could not identify the further evidence to be adduced, gave no explanation for why it had not been filed earlier, and the affidavit filed in the High Court did not disclose grounds or evidence showing an arguable case for prerogative writ relief in respect of the Tribunal's decision.

Jurisdiction
Australia
Judgment Date
30 April 2004
Procedural Posture
Application for an Order Nisi Seeking Prerogative Writ Relief in Relation to a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / On Remittal From the High Court of Australia; Application for Order Nisi and Request to File Further Evidence
Outcome
Application for an order nisi refused; applicant ordered to pay the Minister's costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'prerogative Writ Relief' 'further Evidence' 'order Nisi']
['administrative Law' 'migration Law' 'refugee Law'] ['protection Visa' 'refugee Review Tribunal' 'prerogative Writ Relief' 'further Evidence' 'order Nisi']

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Procedural Posture

Application for an Order Nisi Seeking Prerogative Writ Relief in Relation to a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / On Remittal From the High Court of Australia; Application for Order Nisi and Request to File Further Evidence

Legal Issues

  1. 1 ['Whether the applicant should be given further time or leave to file further evidence in support of the application.' "Whether the affidavit filed in the High Court disclosed grounds or evidence showing an arguable case for prerogative writ relief against the Tribunal's decision."]

Ratio Decidendi

The Court refused further time to file evidence and refused the application for an order nisi because the applicant could not identify the further evidence to be adduced, gave no explanation for why it had not been filed earlier, and the affidavit filed in the High Court did not disclose grounds or evidence showing an arguable case for prerogative writ relief in respect of the Tribunal's decision.

Court Disposition

Application for an order nisi refused; applicant ordered to pay the Minister's costs.

Orders

  • ['Order 51A rule 5(1) of the Federal Court Rules does not apply.' 'The application for an order nisi be refused.' "The applicant to pay the Minister's costs of the proceeding."]