S2013 of 2003 v Refugee Review Tribunal [2004] FCA 1764

S2013 of 2003 v Refugee Review Tribunal [2004] FCA 1764

The application for an order nisi was refused because the material before the Court did not disclose an arguable case for Constitutional writ relief, the further material the applicant wished to collect would not address any ground for review or the substantial delay, and there was no utility in granting further time.

Jurisdiction
Australia
Judgment Date
20 February 2004
Procedural Posture
Application for an Order Nisi Seeking Writ Relief in Respect of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Application for Order Nisi Refused
Outcome
Application for an order nisi refused.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'procedural Fairness' 'constitutional Writ Relief' 'extension of Time']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'procedural Fairness' 'constitutional Writ Relief' 'extension of Time']

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Procedural Posture

Application for an Order Nisi Seeking Writ Relief in Respect of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Application for Order Nisi Refused

Legal Issues

  1. 1 ['Whether the applicant should be given further time to file material in support of the application for an order nisi.' "Whether the material disclosed an arguable case for Constitutional writ relief in respect of the Tribunal's decision." 'Whether delay in commencement of review proceedings could be overcome.']

Ratio Decidendi

The application for an order nisi was refused because the material before the Court did not disclose an arguable case for Constitutional writ relief, the further material the applicant wished to collect would not address any ground for review or the substantial delay, and there was no utility in granting further time.

Court Disposition

Application for an order nisi refused.

Orders

  • ['The application for an order nisi be refused.']