S247/2003 v The Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1494

S247/2003 v The Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1494

The applicant failed to make out an arguable case suggesting reviewable error or any argument warranting the granting of an order nisi; therefore, the application must be dismissed with costs.

Parties
Applicant: S247/2003; First Respondent: The Minister for Immigration and Multicultural and Indigenous Affairs; Second Respondent: Principal Member of the Refugee Review Tribunal; Third Respondent: Member of the Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
21 October 2005
Procedural Posture
Migration / Application for Order Nisi Following Remittal From High Court
Outcome
Application dismissed with costs
Legal Topics
Refugee Law, Procedural Fairness, Jurisdictional Error, Natural Justice
Migration Refugee Law Procedural Fairness Jurisdictional Error Natural Justice

Case Brief

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Parties

S247/2003

Applicant

The Minister for Immigration and Multicultural and Indigenous Affairs

First Respondent

Principal Member of the Refugee Review Tribunal

Second Respondent

Member of the Refugee Review Tribunal

Third Respondent

Procedural Posture

Migration / Application for Order Nisi Following Remittal From High Court

Legal Issues

  1. 1 Whether there was a reviewable error in the Refugee Review Tribunal's decision
  2. 2 Whether the Tribunal failed to accord procedural fairness
  3. 3 Whether there was jurisdictional error or lack of natural justice

Ratio Decidendi

The applicant failed to make out an arguable case suggesting reviewable error or any argument warranting the granting of an order nisi; therefore, the application must be dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • The application for an order nisi is dismissed.
  • The applicant to pay respondents' costs.