S255 of 2003 v Refugee Review Tribunal [2006] FCA 97

There was no evidentiary foundation for the procedural fairness claim, and the appeal had no prospects of success; therefore, leave to appeal was refused.

Jurisdiction: Australia
Judgment Date: 14 February 2006
Procedural Posture: Application for Leave to Appeal / Dismissal of Leave to Appeal
Outcome: Application for leave to appeal dismissed
Legal Topics: ['procedural Fairness' 'country Information Report']

['migration'] ['procedural Fairness' 'country Information Report']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Dismissal of Leave to Appeal

Legal Issues

1 ['Whether the applicant was afforded procedural fairness when their country information report was not considered by the Tribunal' 'Whether the decision should have been made based on matters prevailing at the time the decision was made']

Ratio Decidendi

There was no evidentiary foundation for the procedural fairness claim, and the appeal had no prospects of success; therefore, leave to appeal was refused.

Court Disposition

Application for leave to appeal dismissed

Orders

['The application for leave to appeal from the decision of Graham J on 8 November 2005 be dismissed.' 'The applicant pay the costs of the second and third respondents.' 'Costs be fixed in the sum of $700.']