S253 of 2003 v Refugee Review Tribunal [2004] FCA 907

S253 of 2003 v Refugee Review Tribunal [2004] FCA 907

The affidavit in support of the draft order nisi took issue with the merits of the Tribunal's decision but provided no evidence to support the grounds that the Tribunal exceeded its jurisdiction, erred in law or acted in bad faith; accordingly, it was appropriate to refuse an order nisi.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 April 2004
Procedural Posture
Application for an Order Nisi Seeking Constitutional Writ Relief in Respect of a Refugee Review Tribunal Decision Affirming Refusal of Protection Visas / On Remittal From the High Court of Australia
Outcome
Application for an order nisi refused; applicants ordered to pay the Minister's costs of the proceeding to date.
Legal Topics
['judicial Review' 'constitutional Writ Relief' 'order Nisi' 'protection Visas' 'refugee Review Tribunal']
['administrative Law' 'immigration Law' 'refugee Law'] ['judicial Review' 'constitutional Writ Relief' 'order Nisi' 'protection Visas' 'refugee Review Tribunal']

Source-derived case record

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Procedural Posture

Application for an Order Nisi Seeking Constitutional Writ Relief in Respect of a Refugee Review Tribunal Decision Affirming Refusal of Protection Visas / On Remittal From the High Court of Australia

Legal Issues

  1. 1 ['Whether an order nisi should be granted where the affidavit took issue with the merits of the Refugee Review Tribunal decision but provided no evidence supporting grounds that the Tribunal exceeded jurisdiction, erred in law or acted in bad faith.']

Ratio Decidendi

The affidavit in support of the draft order nisi took issue with the merits of the Tribunal's decision but provided no evidence to support the grounds that the Tribunal exceeded its jurisdiction, erred in law or acted in bad faith; accordingly, it was appropriate to refuse an order nisi.

Court Disposition

Application for an order nisi refused; applicants ordered to pay the Minister's costs of the proceeding to date.

Orders

  • ['Order 51A r 5(1) of the Federal Court Rules not apply.' 'The application for an order nisi be refused.' "The applicants pay the Minister's costs of the proceeding to date."]