S182/2003 v Refugee Review Tribunal [2005] FCA 1458
The applicant failed to make out an arguable case of jurisdictional error; no basis was found to warrant the granting of an order nisi.
Source-derived case information.
- Parties
- Applicant: S182/2003; Respondent: Refugee Review Tribunal
- Jurisdiction
- Australia
- Judgment Date
- 13 October 2005
- Procedural Posture
- Application for Order Nisi (constitutional Writs) / Final Judgment
- Outcome
- application dismissed with costs
- Legal Topics
- Jurisdictional Error, Protection Visa, Order Nisi, Factual Review
Migration Law Jurisdictional Error Protection Visa Order Nisi Factual Review
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Summary, issues, holding and outcome
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Parties
S182/2003
Applicant
Refugee Review Tribunal
Respondent
Procedural Posture
Application for Order Nisi (constitutional Writs) / Final Judgment
Legal Issues
- 1 Whether the Refugee Review Tribunal committed jurisdictional error in refusing a Protection Visa
- 2 Whether the applicant demonstrated an arguable case for granting an order nisi
Ratio Decidendi
The applicant failed to make out an arguable case of jurisdictional error; no basis was found to warrant the granting of an order nisi.
Court Disposition
application dismissed with costs
Orders
- The application for an order nisi be dismissed.
- The Applicant pay the Respondent's costs.
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