Applicant S207/2003 v Refugee Review Tribunal [2006] FCA 243

Applicant S207/2003 v Refugee Review Tribunal [2006] FCA 243

Leave to appeal was refused because the applicant merely repeated complaints about the Tribunal's proceedings and decision-making and did not articulate any error made by Bennett J; the proposed appeal had no prospects of success.

Jurisdiction
Australia
Judgment Date
16 March 2006
Procedural Posture
Migration – Application for Leave to Appeal / Application for Extension of Time and Leave to Appeal From the Judgment and Orders of Bennett J Made on 4 November 2005 Refusing an Application for an Order Nisi in Respect of a Refugee Review Tribunal Decision
Outcome
Leave to appeal refused; application dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'procedural Fairness' 'order Nisi' 'leave to Appeal']
['migration' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'procedural Fairness' 'order Nisi' 'leave to Appeal']

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Procedural Posture

Migration – Application for Leave to Appeal / Application for Extension of Time and Leave to Appeal From the Judgment and Orders of Bennett J Made on 4 November 2005 Refusing an Application for an Order Nisi in Respect of a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ["Whether leave to appeal from Bennett J's decision and orders should be granted" 'Whether Bennett J erred in refusing an order nisi in respect of the Refugee Review Tribunal decision' 'Whether the applicant demonstrated an arguable denial of procedural fairness or other reviewable error by the Refugee Review Tribunal']

Ratio Decidendi

Leave to appeal was refused because the applicant merely repeated complaints about the Tribunal's proceedings and decision-making and did not articulate any error made by Bennett J; the proposed appeal had no prospects of success.

Court Disposition

Leave to appeal refused; application dismissed with costs.

Orders

  • ['Leave to appeal from the decision and orders of Bennett J given and made on 4 November 2005 refused.' "The applicant to pay the Minister's costs of the present application of $800.00."]