S237 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1291

S237 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1291

The application for an order nisi was refused because the grounds concerning the Minister's delegate's decision were misconceived, the remaining grounds were unsupported by particulars or affidavit material disclosing an arguable case, and the Tribunal's findings indicated that the harassment of the applicant and his family arose from a land ownership dispute rather than persecution for a Convention reason.

Jurisdiction
Australia
Judgment Date
07 July 2004
Procedural Posture
Application for an Order Nisi Seeking Constitutional Writ Relief in Respect of a Refugee Review Tribunal Decision and a Delegate's Decision / On Remittal From the High Court of Australia
Outcome
Application for an order nisi refused; applicant ordered to pay the Minister's costs fixed at $200.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'constitutional Writ Relief' 'jurisdictional Error' 'convention Reasons']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'constitutional Writ Relief' 'jurisdictional Error' 'convention Reasons']

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Procedural Posture

Application for an Order Nisi Seeking Constitutional Writ Relief in Respect of a Refugee Review Tribunal Decision and a Delegate's Decision / On Remittal From the High Court of Australia

Legal Issues

  1. 1 ['Whether the applicant disclosed an arguable case for constitutional writ relief in respect of the Refugee Review Tribunal decision.' "Whether grounds directed to the Minister's delegate's decision were misconceived." 'Whether the harassment found by the Tribunal amounted to persecution for a Convention reason.']

Ratio Decidendi

The application for an order nisi was refused because the grounds concerning the Minister's delegate's decision were misconceived, the remaining grounds were unsupported by particulars or affidavit material disclosing an arguable case, and the Tribunal's findings indicated that the harassment of the applicant and his family arose from a land ownership dispute rather than persecution for a Convention reason.

Court Disposition

Application for an order nisi refused; applicant ordered to pay the Minister's costs fixed at $200.

Orders

  • ['Order 51A rule 5(1) of the Federal Court Rules does not apply to this proceeding.' 'The application for an order nisi be refused.' "The applicant pay the Minister's costs fixed in the sum of $200."]