S249 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1788

There was no suggestion of an arguable case in the materials filed; the grounds were lacking in particulars and did not establish a basis for an order nisi or constitutional writs.

Parties: Applicant: S249 of 2003; First Respondent: Minister for Immigration & Multicultural & Indigenous Affairs; Second Respondent: Principal Member of the Refugee Review Tribunal; Third Respondent: Member of the Refugee Review Tribunal
Jurisdiction: Australia
Judgment Date: 07 July 2004
Procedural Posture: Judicial Review / Application for Order Nisi
Outcome: Application refused
Legal Topics: Protection Visa, Jurisdictional Error, Procedural Fairness

Migration Law Administrative Law Protection Visa Jurisdictional Error Procedural Fairness

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Parties

S249 of 2003

Applicant

Minister for Immigration & Multicultural & Indigenous Affairs

First Respondent

Principal Member of the Refugee Review Tribunal

Second Respondent

Member of the Refugee Review Tribunal

Third Respondent

Procedural Posture

Judicial Review / Application for Order Nisi

Legal Issues

1 Whether the Tribunal committed a jurisdictional error or denied procedural fairness in refusing the protection visa
2 Whether there was any arguable case supporting an order nisi

Ratio Decidendi

There was no suggestion of an arguable case in the materials filed; the grounds were lacking in particulars and did not establish a basis for an order nisi or constitutional writs.

Court Disposition

Application refused

Orders

Order 51A r 5(1) of the Federal Court Rules does not apply to the proceeding.
The application for an order nisi be refused.